Showing : 1-10 of 110 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 157-- Delay in receipt of FIR in Court - Incident occurred at 5.30 pm - FIR lodged on the same day of occurrence at 6.00 pm - Not sending FIR immediately to Court after its registration, cannot be put against prosecution, since after 5.30 pm, Court timing gets over an in these circumstances, production..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Court - Murder case - Police had knowledge of murder before 7 p.m. but FIR registered at 11 p.m. - However, FIR reached jurisdictional Magistrate at 4.10 a.m. on following day - No explanation whatsoever was forthcoming from prosecution side for inordinate delay in FIR..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g)-- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 41, 157-- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 157, 173(5), 311-- Summoning of witness - For proving purchase receipt - There is failure of investigating agency to ascertain IMEI number of seized mobile phone during investigation and even, Court failed to ascertain such number prior to handing over custody of seized phone to PW1 - Said failure is not mere..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - Not admissible in evidence, except for limited purpose as provided in S.157 of Evidence Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to nearest Magistrate - Is of no consequence, when no prejudice is caused to accused by such delay...........

Showing : 1-10 of 110 Results