Showing : 41-50 of 113 Results

JHARKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay in sending FIR to Court - Alleged occurrence took place at 1.00 P.M. - FIR was recorded at 2.00 P.M. - Inquest report was prepared at 2.10 P.M. in the hospital - Postmortem commenced at 3.15 P.M. - Thereafter investigating officer inspected the place of occurrence and recorded..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157(1)-- Copy of FIR not sent to Magistrate - No explanation - Casts shadow on the case of prosecution - Lapse on the part of IO does not confer any benefit on the accused - However, case of prosecution may be seen with certain suspicion when examined with other contemporaneous circumstances involved in..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay in dispatch to Magistrate - When delay is material attention of I.O. ought to be drawn to that aspect so as to give him an opportunity to offer an explanation for the same...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Magistrate - Every such delay is not fatal unless prejudice to the accused is shown - However, unexplained inordinate delay in sending copy of FIR to Magistrate may affect the prosecution case adversely - An adverse inference may be drawn against prosecution when there are..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157(3)-- Delay of two days in receiving FIR by Magistrate - In the State of Bihar this is a normal process - No infirmity...........
PATNA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157-- Sending report to Magistrate - Delay - Prosecution has to explain - However, material on record show that police completed investigation by submitting charge sheet - Prosecution thus able to establish its case during trial - Such delay cannot be held to be fatal...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 157-- Delay of five days in sending FIR to Magistrate - Defence did not put any question in this regard to I.O. - Held, no explanation was required to be furnished by him on this issue when prosecution has not asked to explain the delay in sending the special report...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 154, 157, Police Act, 1861, Section 46-- Police officer received information relating to commission of cognizable offence and entered substance of complaint in general diary - Held, S.154(1) of Cr.P.C. Cast mandate on police officer to register FIR - No discretion vests in him to register or not to register same...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Cognizable offence - Police Officer to register FIR - No discretion vests in him to register offence or not to register same - Prior enquiry for registration of FIR is a concept alien to the procedure adumbrated under the Code - The Police Office cannot hold such an enquiry to ascertain the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 157-- Delay in dispatch of FIR to Illaqa Magistrate - Does not by itself render the case doubtful - Important factor to be considered is whether there is an explanation for the delay and if so, how plausible it is...........

Showing : 41-50 of 113 Results