2025 SCC Vol. 4 Part 4
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — In corruption offences: Law clarified on grant of anticipatory bail in
Criminal Procedure Code 1973
Offences under PC & PNDT Act are cognizable, thus, FIR registration and police investigation per se not barred under law: Delhi HC
“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
Cessation of employment by wife to raise her child cannot be viewed as voluntary abandonment of work; Wife entitled to maintenance: Delhi HC
The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.
‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction
Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 1541 of the CrPC.
2025 SCC Vol. 3 Part 1
Consumer Protection — Consumer/Consumer Dispute/Locus Standi — Right to sue/Persons who may sue: Matter relating to maintainability of complaint by a Trust,
‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs
When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.
Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC
The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.
‘Does not affect investigative prerogatives’; Delhi HC upholds order to preserve Call Detail Records, location data of CBI officials and independent witnesses
Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.
‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case
“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”
Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint
“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 4731 of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”
2024 SCC Vol. 10 Part 3
Criminal Procedure Code, 1973 — Ss. 235(1) and (2) — Reopening of judgment of conviction: As per S. 235, a judgment of conviction, held
Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC
The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.
Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC
The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.
‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle
Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds
The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.
Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court
By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.
Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law
The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.
Delhi High Court quashes FIR on a unique condition to assist Traffic Police at traffic signal for 30 days
The Court opined that as parties have amicably settled their disputes, no useful purpose shall be served in continuing with proceedings of the present FIR as it will create further acrimony between the parties.
2024 SCC Vol. 3 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 5: Principles summarised re scope of interference by Court under S. 34. Supervisory,
Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court
“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”