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Constitutional law

ROMILA THAPAR AND ORS. versus UNION OF INDIA AND ORS.

Majority holds that accused persons cannot demand transfer of investigation to an independent agency or SIT; such relief cannot be granted either directly or through next friends or as public interest litigation. The investigation is still ongoing and at a nascent stage; allegations of mala fide are unsubstantiated. Petition disposed of, accused persons may seek remedies before appropriate courts; interim house arrest order continues for 4 weeks.

Source excerpt

  • Article 32
  • Public interest litigation
  • Investigation
  • Special investigation team
  • Unlawful activities (prevention) act
  • Code of criminal procedure
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Criminal law

VIRUPAKSHAPPA GOUDA AND ANOTHER versus THE STATE OF KARNATAKA AND ANOTHER

Grant of bail on the sole basis of filing a charge-sheet as a change of circumstance is improper when prior bail applications have been rejected up to the Supreme Court and gravity of the crime is high. The facts and parameters required for bail were ignored by the trial court; therefore, cancellation of bail by the High Court was justified.

Source excerpt

  • Bail
  • Honour killing
  • Code of criminal procedure
  • Indian penal code
  • Cancellation of bail
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Criminal law

DHARIWAL INDUSTRIES LTD. versus KISHORE WADHWANI & ORS.

The role of the informant or private party is limited during prosecution in Sessions Court under Section 301 CrPC, but the Magistrate may permit the complainant to conduct prosecution independently under Section 302 CrPC if a written application is filed; Section 302 applies to all stages including framing of charge and is distinct from Section 301 CrPC.

Source excerpt

  • Code of criminal procedure
  • Role of complainant
  • Conduct of prosecution
  • Section 301 crpc
  • Section 302 crpc
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Criminal law

C.B.I. versus KARIMULLAH OSAN KHAN

The Designated Court ought to have exercised its powers under Section 216 CrPC, as sufficient material existed and delay was caused by abscondance of the accused; alteration of charge is permissible under Section 216 CrPC provided it is based on material already on record and does not prejudice the accused.

Source excerpt

  • Alteration of charge
  • Criminal conspiracy
  • Terrorist and disruptive activities (prevention) act
  • Code of criminal procedure
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Criminal law

GIRRAJ PRASAD MEENA versus STATE OF RAJASTHAN & ORS.

The trial court judgment was vitiated as it proceeded with undue haste, adopted a procedure not known to law, and failed to put the victim to notice before convicting accused on their plea of guilty. The trial court was not competent to make any observation regarding civil consequences, particularly concerning government service of the accused, under Section 12 of Probation of Offenders Act.

Source excerpt

  • Code of criminal procedure
  • Probation of offenders act
  • Kidnapping
  • Plea of guilty
  • Finality and amendment of charges
  • Civil consequences of conviction
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Criminal law

VIPUL SHITAL PRASAD AGARWAL versus STATE OF GUJARAT & ANR.

Prayer for default bail was made in connection with the original FIR where the charge-sheet had been filed within the stipulated 90 days, so entitlement to default bail did not arise; further investigation or fresh FIR by CBI is treated as supplementary and does not negate the original charge-sheet unless explicitly quashed.

Source excerpt

  • Bail
  • Default bail
  • Further investigation
  • Charge-sheet
  • Code of criminal procedure
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Criminal law

NAHAR SINGH YADAV & ANR. versus UNION OF INDIA & ORS.

The Court held that while CBI is an interested party entitled to apply for transfer, the apprehensions of bias or unfair trial are speculative and unsubstantiated. There is no credible material to infer real likelihood of miscarriage of justice or bias. The request for transfer of trial from Ghaziabad to another place, including Delhi, is therefore rejected.

Source excerpt

  • Transfer of criminal cases
  • Judicial independence
  • Fair trial
  • Delhi special police establishment act
  • Code of criminal procedure
  • Prevention of corruption
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Criminal law

CENTRAL BUREAU OF INVESTIGATION, NEW DELHI versus M.N. SHARMA

The High Court's order suspending conviction was unsustainable as it failed to indicate any reasons and did not consider exceptional circumstances; such power should be exercised only in rare cases, particularly for public servants convicted under the Prevention of Corruption Act. The order was therefore set aside.

Source excerpt

  • Suspension of conviction
  • Prevention of corruption act
  • Code of criminal procedure
  • Penal code
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Criminal law

JOHAR AND OTHERS versus MANGAL PRASAD & ANR.

The High Court exceeded its revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure, 1973, by re-appreciating evidence, commenting upon credibility of the Autopsy Surgeon, and effectively reversing the acquittal without pointing out any error of law or manifest illegality. Since one possible view was substituted for another and the trial court's findings could not be termed perverse, the order of the High Court was set aside.

Source excerpt

  • Revisional jurisdiction
  • Code of criminal procedure
  • Judgment of acquittal
  • Conviction
  • Indian penal code
  • Jurisdiction of high court
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Criminal law

SMT. SUBHA RAJ AND ANR. versus SANKAR SARKAR AND ANR.

The High Court ought to have heard the appellants before deciding the matter, given appellants were heard before the first revisional court and their names deleted from cause title at complainant's request; impugned order set aside and case remitted for fresh disposal.

Source excerpt

  • Revision
  • Issuance of process
  • Opportunity of hearing
  • Code of criminal procedure
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.