VidhiSangh

Supreme Court of India · 11/11/2025

SURENDRA KOLI versus THE STATE OF UTTAR PRADESH & ANR.

[2025] 12 S.C.R. 152 · 2025 INSC 1308

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Summary

In the Nithari (Rimpa Haldar) case, the Supreme Court allowed Surendra Koli's curative petition, recalled its 2011 judgment and 2014 review order, and acquitted him, holding that his conviction could not stand on the same Section 164 CrPC confession and Section 27 recoveries that had been rejected as involuntary and inadmissible in twelve companion cases whose acquittals the Court affirmed in 2025, since such irreconcilable outcomes on an identical record offend Articles 14 and 21.

Issues

  1. Whether the curative jurisdiction recognised in Rupa Ashok Hurra can be invoked where final orders of the Supreme Court reach irreconcilable outcomes on an identical evidentiary foundation.
  2. Whether the petitioner's confession under Section 164 CrPC was voluntary and admissible.
  3. Whether the alleged discoveries and recoveries were admissible under Section 27 of the Evidence Act.
  4. Whether, without those pillars, the circumstantial and forensic evidence sustained the conviction.

Provisions considered

Held

Result

Curative petition allowed; judgment dated 15.02.2011 in Criminal Appeal No. 2227 of 2010 and review order dated 28.10.2014 recalled; the appeal allowed and the trial court and High Court judgments set aside; petitioner acquitted of offences under Sections 302, 364, 376 and 201 IPC and directed to be released forthwith if not required in any other case; pending SLPs against the commutation judgment disposed of as infructuous.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 152.