Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice Adarsh Kumar Goel and. A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court. In the meantime, another division bench of Justice TS Thakur and Justice Gopal Gowda delivered the judgment in Satya Pal Singh vs State of Madhya Pradesh and held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court. “In any case, in the present matter, the victim had preferred an application to treat the appeal initially filed under Section 372 to be one under Section 372 read with Section 378 CrPC Though the High Court observed that no such leave was necessary, the matter now assumes different complexion in the light of the decision in Satya Pal Singh.

Appeal Judgment Court Victim High Leave Bench File Madhya Pradesh Read Matter Appeals Crpc Satya Section 372 372 Shekhar Naphade Satya Pal Singh Section 378 Crpc  appeal  refer  bench  court  judgment  crpc  file  leave  refuses  victim  matter  sc  read  high  appeals  larger  372

History of this topic

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'
2 days, 13 hours ago

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'

Hindustan Times  

New Delhi, Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman' …

Supreme Court Monthly Digest- January 2025
1 month ago

Supreme Court Monthly Digest- January 2025

Live Law  

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Supreme Court to hear appeals against acquittal in Nithari killings in March
2 months, 3 weeks ago

Supreme Court to hear appeals against acquittal in Nithari killings in March

Hindustan Times  

The Supreme Court will hear the appeals challenging the acquittal of Surendra Koli in the Nithari killings on March 25. The bench, also comprising justice Augustine George Masih, directed the top court’s registry to provide the digitised trial court records on the scheduled date of hearing as Koli’s lawyers sought to rely on the same to highlight procedural delays in …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
2 months, 3 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Trending News
2 months, 3 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 4 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
4 months, 1 week ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
5 months ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court
8 months, 1 week ago

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Live Law  

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment. Clarifying …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
8 months, 3 weeks ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency
1 year ago

Supreme Court refuses to stay acquittal of former DU professor Saibaba, says there is no urgency

The Hindu  

The Supreme Court on Monday refused to stay the acquittal of former Delhi University professor G.N. Saibaba and five others by the Bombay High Court in a case under the Unlawful Activities Act, saying it would be “unusual” to show urgency to imprison a man whose innocence had been already proved by the judgment of a court of law. On …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court
1 year, 8 months ago

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by …

Supreme Court Dismisses Plea Of Sukesh Chandrashekhar & Wife Seeking More Time For Meeting With Lawyers
1 year, 10 months ago

Supreme Court Dismisses Plea Of Sukesh Chandrashekhar & Wife Seeking More Time For Meeting With Lawyers

Live Law  

The Supreme Court, on Tuesday, refused to entertain a writ petition filed by alleged conman Sukesh Chandrashekhar and wife Leena Paulose seeking extension in the visitation time allotted by jail authorities to meet family, friends and legal representatives.Noting that the accused persons were not in a position to seek such ‘privileges’ and make such ‘extraordinary demands’, a. The Supreme Court, …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

SC agrees to constitute Special Bench to hear Bilkis Bano’s plea against remission to convicts in gang-rape case
2 years ago

SC agrees to constitute Special Bench to hear Bilkis Bano’s plea against remission to convicts in gang-rape case

The Hindu  

Chief Justice of India D.Y. Chandrachud on Wednesday told Bilkis Bano that a Special Bench will be formed to hear her petition challenging the release of 11 men sentenced to life imprisonment for her gang-rape during the 2002 riots. Editorial | Remission without reform: On the release of 11 convicts in Bilkis Bano case Chief Justice Chandrachud assured Ms. Gupta …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
2 years, 2 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme Court
2 years, 2 months ago

Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme Court

Live Law  

The Supreme Court Bench comprising Justices Dinesh Maheshwari and Bela M. Trivedi held that while giving opinion regarding grant of remission under Section 432 Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.Facts of …

SC Dismisses Bilkis Bano's Plea Seeking Review Of Order Asking Guj Govt To Decide On Remission Of 11 Convicts
2 years, 3 months ago

SC Dismisses Bilkis Bano's Plea Seeking Review Of Order Asking Guj Govt To Decide On Remission Of 11 Convicts

ABP News  

New Delhi: The Supreme Court on Saturday dismissed the review petition filed by Bilkis Bano seeking a review of the May 2022 order asking the Gujarat Government to consider remission pleas of 11 convicts in the gangrape case In May 2022, a Supreme Court bench comprising Justice Ajay Rastogi and Vikram Nath stated that the Gujarat Government had the jurisdiction …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court
2 years, 7 months ago

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature.Meaning thereby, a 'victim' has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing. The Allahabad High …

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine
2 years, 7 months ago

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine

Live Law  

The Allahabad High Court is set to examine an interesting question as to whether a 'victim', who is also the complainant in the case and who has preferred an appeal under Section 372 CrPC, can be asked to obtain special leave to appeal from the order of acquittal as provided under Section 378 CrPC.The bench of Justice Mohd. The Allahabad …

Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court
2 years, 8 months ago

Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court

Live Law  

The Madras High Court recently set aside the order of conviction of one M/s. Justice Bharatha Chakravarthy observed as under: Therefore, from the combined reading of the aforementioned judgments, it would be clear that right of the accused to be represented by a counsel has been held to be an integral part under Article 21 of the Constitution of India …

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court
2 years, 11 months ago

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court

Live Law  

The Supreme Court, on Monday, held that a 'victim' as defined under Section 2 of the Code of the Criminal Procedure. Remitting the matter back to the High Court for the fresh consideration of the bail application, it directed Mishra to surrender within a week's time The Bench, while hearing the plea seeking cancellation of bail, identified one of the …

Leave To Criminal Appeal Not Automatic, Can Only Be Granted After Application Of Mind: Kerala High Court
3 years ago

Leave To Criminal Appeal Not Automatic, Can Only Be Granted After Application Of Mind: Kerala High Court

Live Law  

The Kerala High Court has recently established that leave to a criminal appeal can only be granted after proper application of mind by the Court to see if arguable points have been raised in the appeal.Justice Kauser Edappagath held so while referring to the decision in State of Maharashtra v. Sujay Mangesh Poyarekar where it was held that in deciding …

Counsel/Amicus Curiae Who Appeared For Deceased-Appellant Cannot Be Treated As 'Near Relative' For Continuance Of Appeal U/Sec 394 CrPC : Supreme Court
3 years ago

Counsel/Amicus Curiae Who Appeared For Deceased-Appellant Cannot Be Treated As 'Near Relative' For Continuance Of Appeal U/Sec 394 CrPC : Supreme Court

Live Law  

The Supreme Court observed that an amicus curiae who was appearing for deceased appellant cannot be treated as 'near relative' under Section 394 CrPC for the purpose of continuance of appeal.The bench comprising Justices Vineet Saran and Aniruddha Bose noted that a criminal appeal filed by a convict will abate on his death if no application for leave to continue …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

Journalist Tarun Tejpal Moves Supreme Court Seeking In-Camera Hearing Of Rape Case Appeal In High Court
3 years, 2 months ago

Journalist Tarun Tejpal Moves Supreme Court Seeking In-Camera Hearing Of Rape Case Appeal In High Court

Live Law  

Journalist Tarun Tejpal has moved the Supreme Court of India challenging Bombay High Court's order rejecting his application moved under Section 327 CrPC for conducting hearings through in-camera proceedings against his acquittal in a 2013 rape case.A Bench comprising Justice Nageswara Rao and Justice BR Gavai will hear the special leave petition tomorrow.Tejpal, co-founder and. Journalist Tarun Tejpal has moved …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
3 years, 2 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)
3 years, 2 months ago

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)

Live Law  

The Supreme Court today considered the Special Leave Petition filed by the kin of 2007 Mecca Masjid Mosque Bomb blast seeking to declare proviso to section 21 of the NIA Act, 2008 as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India.The bench of Justices SK Kaul and MM Sundresh while granting leave in their …

Accused Says High Court Posted Case For 'Fresh Hearing' Despite Earlier Acquittal : Supreme Court Orders Inquiry By Madras HC Chief Justice
3 years, 3 months ago

Accused Says High Court Posted Case For 'Fresh Hearing' Despite Earlier Acquittal : Supreme Court Orders Inquiry By Madras HC Chief Justice

Live Law  

The bench of Justices DY Chandrachud and AS Bopanna, hearing a writ petition, noted that by a judgment dated 15 November 2000, the IIIrd Special Judge/ XIIIth Additional Judge at Chennai convicted the husband of the petitioner for an offence under Section 13 read with Section 13 of the Prevention of Corruption Act 1988 and sentenced him to undergo rigorous …

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case
3 years, 5 months ago

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case

Hindustan Times  

The Goa bench of the Bombay high court will on Wednesday virtually hear the state government's appeal against the acquittal of journalist Tarun Tejpal in a 2013 sexual assault case. The development comes as Tejpal opposed the Goa government's plea challenging his acquittal in the case, and also requested an ‘in-camera’ hearing to keep the court proceedings private. Last month, …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 6 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 7 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 8 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court
3 years, 8 months ago

Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court

Live Law  

Dismissal of an earlier Section 482 CrPC petition does not bar filing of subsequent petition under Section 482, in case the facts so justify, the Supreme Court reiterated while dismissing a writ petition filed by an IAS Officer.IAS Officer, Vinod Kumar, had approached the Apex Court by filing a writ petition under Article 32 of the Constitution seeking quashing of …

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court
4 years, 3 months ago

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court

Live Law  

The Supreme Court has observed that the right of being represented through a counsel is part of due process clause and is referable to the right guaranteed under Article 21 of the Constitution of India.Subedar and Buddhu were convicted in a murder case by the Trial Court. The Supreme Court has observed that the right of being represented through a …

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]
4 years, 5 months ago

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]

Live Law  

The Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court, the Supreme Court has reiterated.While considering a Special Leave Petition against a Rajasthan High Court order which had dismissed an appeal against conviction recorded by the Trial Court. The Court hearing First …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 7 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

Delay In HCs To Hear Criminal Appeals : SC Appoints SG Tushar Mehta As Amicus Curiae To Find Solutions [Read Order]
5 years, 4 months ago

Delay In HCs To Hear Criminal Appeals : SC Appoints SG Tushar Mehta As Amicus Curiae To Find Solutions [Read Order]

Live Law  

Noting the inability of High Courts to bring criminal appeals to an early conclusion, the Supreme Court on Monday sought the assistance of Solicitor General Tushar Mehta in evolving solutions to the problem. The bench headed by Chief Justice Ranjan Gogoi was confronted with a case where the accused, who has been convicted under Section 302 IPC and whose appeal …

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in …

Supreme Court Monthly Digest- August 2019
5 years, 5 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

Punjab Killings : Plea Filed In SC For Probe Into Alleged Executions Withdrawn With Liberty To Move HC
5 years, 6 months ago

Punjab Killings : Plea Filed In SC For Probe Into Alleged Executions Withdrawn With Liberty To Move HC

Live Law  

The Public Interest Litigation filed in the Supreme Court seeking probe into alleged mass killings during the counter-insurgency period in Punjab has been withdrawn with liberty to move the Punjab and Haryana High Court.The petition filed by an NGO named Punjab Documentation and Advocacy Project and some individuals sought constitution of a Special Investigation Team or. The Public Interest Litigation …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents
6 years, 5 months ago

Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents

Live Law  

In a landmark judgment, the Supreme Court has held that a victim can file an appeal in the High Court against the acquittal without seeking leave to appeal.A three Judge Bench comprising Justice Madan B. Lokur,Justice S. Abdul Nazeer and Dipak Gupta was considering the following questions;1.Whether a ‘victim’ as defined in the Cr.P.C. The language of the proviso is …

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the …

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the …

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