Showing : 41-50 of 118 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302-- Murder - Delay in sending report to Magistrate - Where FIR was actually recorded without delay and investigation started on basis of that FIR and there is no other infirmity brought to notice of Court then, however improper or objectionable delay in receipt of report by Magistrate concerned - In..........
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..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay in sending FIR to Court - Effect of - Held, delay in sending FIR to Court may be fatal to the facts of one case, but it may not be fatal to the facts of another case - Unless prejudice is not caused the delay in sending the FIR to court is not sufficient to admit that the FIR was ante..........
PATNA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156, 157-..........
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..........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 324-- Murder - Sending of report to Magistrate - Obligation of prosecution - Held, prosecution has an obligation to explain if, and when the report u/s 157 Cr.P.C. had been sent to Magistrate - This obligation is a positive one in order to eliminate any suspicion of false implication of an accused in a..........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157-- Sending of special report to Magistrate - Purpose thereof - Held, whether FIR was lodged at the time it is alleged to have been recorded, courts generally look for certain external checks - One of checks is receipt of copy of FIR, called a special report in a murder case, by local Magistrate - If..........
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...........

Showing : 41-50 of 118 Results