Friday, June 5

Criminal

The Supreme Court on September 26, 2025, ruled that nationwide consolidation of First Information Reports (FIRs) involving different witnesses, evidence, and local laws is impermissible. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran refused to club multiple FIRs registered against Odela Satyam and others across various states in a multi-crore financial scam. The Court clarified that clubbing of FIRs is only permissible when multiple FIRs arise from the same incident or transaction. The judgment distinguished the case from Amish Devgan v. Union of India (2021), where FIRs were consolidated for a single televised statement. While rejecting pan-India consolidation, the Court permitted state-wise clubbing of FIRs where multiple cases existed within the same state. The Court emphasized that trials involving investor-witnesses from various locations would make nationwide clubbing impractical and rejected prayers seeking consolidation of future FIRs as “overambitious and outright illegal”.

The Supreme Court has agreed to hear Karnataka’s plea challenging a High Court ruling that applied the Pankaj Bansal v. Union of India (2024) judgment retrospectively. In Pankaj Bansal, the Court held that written grounds of arrest must be furnished to the accused at the time of arrest. Karnataka argues this rule applies prospectively, not to arrests before October 3, 2023. The State also cited Ram Kishor Arora v. ED (2024), where the Court held non-furnishing of grounds before Pankaj Bansal was not illegal. The case, listed for July 18, 2025, will clarify whether such safeguards apply retrospectively.

The Supreme Court, in Dhanya M v. State of Kerala, quashed a preventive detention order under the Kerala Anti-Social Activities (Prevention) Act, 2007, holding that such laws cannot be used to bypass bail procedures. A Bench of Justices Sanjay Karol and Manmohan ruled that preventive detention is an extraordinary measure under Article 21 and must be applied sparingly. The Court found that the detention of a moneylender with pending criminal cases was based on law-and-order issues, not threats to public order. It stressed that the proper course was to seek bail cancellation, not misuse preventive detention.

The Supreme Court in Vaibhav v. State of Maharashtra acquitted a student accused of murdering his friend, ruling that the prosecution failed to prove a complete chain of circumstantial evidence. The case involved the alleged accidental firing of Vaibhav’s father’s revolver, which killed his friend Mangesh. While Vaibhav’s act of hiding the body suggested tampering, the Court held it was not enough to prove murder. Forensic findings supported accidental firing, and no motive was shown. The Court set aside his murder conviction but upheld punishment for destroying evidence, limiting it to time already served.

The Supreme Court, in M/s. Balaji Traders v. State of U.P. & Anr., clarified that for an offence under Section 387 IPC, actual delivery of money or property is not required. A Bench of Justices Sanjay Karol and Manoj Misra held that merely putting a person in fear of death or grievous hurt with the intent of extortion is enough to establish liability. Overturning the Allahabad High Court’s decision to quash summons, the Court found that threatening the complainant at gunpoint for ₹5 lakhs satisfied Section 387. The case was restored for trial, reinforcing the scope of aggravated extortion.