Criminal Procedure Code, 1973, Section 154 -- FIR - Once FIR is found ante-dated, no reliance can be placed on prosecution story...........
Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Preliminary enquiry - Accused was already facing investigation in respect of offence punishable u/s.13(1)(d) of Act of 1988 - Registration of FIR in instant case is product of and founded on investigation in earlier case - Held, it was thus redundant to..........
Criminal Procedure Code, 1973, Section 216, 218, 228, 154 -- Addition of sections in charge-sheet - Case based on FIR lodged before police - Held, correct stage for addition or subtraction of sections will have to be determined at the time of framing of charge...........
Criminal Procedure Code, 1973, Section 154 -- FIR - All information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the General Diary/Station Diary/Daily Diary and the decision to conduct a preliminary inquiry must also be reflected...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Information when discloses commission of cognizable offence registration of FIR is mandatory and no preliminary inquiry is permissible in such a situation - Action must be taken against officer who does not register FIR if information received discloses a cognizable offence...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Preliminary inquiry before registration of FIR is permissible only when (i) information does not disclose a cognizable offence but indicates the necessity for an enquiry; (ii) A preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not; (iii) Preliminary..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry before registration can be conducted only when information received does not disclose commission of cognizable offence - In case preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week - It must..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry before registration of FIR - Category of cases in which preliminary inquiry may be made are : (a) Matrimonial disputes/ family disputes; (b) Commercial offences; (c) Medical negligence cases (d) Corruption cases; (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Plea of delay raised for first time before Supreme Court - Held, plea cannot be entertained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape of married women - Delay of three days in lodging FIR as husband of prosecutrix was away and on his return matter was reported - It is a case of rape of married women who had a major son and he was by her side within minutes of incident - Moreover, i, laws of prosecutrix reside in her..........
