Criminal Procedure Code, 1973, Section 154 -- FIR - On a counter version, second FIR can be registered but whether it is required to be done, is to be seen in the facts of each case...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - FIR lodged by a rustic and illiterate woman - She found it difficult to understand when contents of FIR were read over to her - She took the help of her relative to find out whether it was correctly recorded - Such circumstances shows that conduct of witness is honest and..........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 154, 164A -- Incident of rape & molestation - Guidelines for police - Held, in case of rape or molestation, FIR should be lodged immediately, even without waiting for victim or her relative(s) to lodge report as it being a cognizable offence and of a serious nature affecting society - A..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Police must register an FIR if a cognizable offence is disclosed in the complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is not necessary that FIR must contain the name of an accused - Involvement of an accused can come to light after police records statements of witnesses and collect relevant materials...........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - Not permissible in respect of one and the same incident - Concept of sameness does not encompass filing of a counter FIR relating to the same or connected cognizable offence - The prohibition is regarding any further complaint by the same complainant and others against the same accused subsequent to the registration..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-proving of contention in FIR - Held, accused not entitled to acquittal if there are other evidences for believing prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-examination of scribe - Prosecution examined informant who in his evidence before Court affirmed contention in FIR and also proved his signature therein - Held, no, examination of scribe of FIR, prosecution case cannot be wholly dis-believed if otherwise some evidences are available...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Alleged to be ante timed - External checks available on record clearly show that the report came into existence before the inquest on the cadaver of the deceased was conducted - It cannot be said that the report of the compliant is in any manner ante timed...........
Criminal Procedure Code, 1973, Section 154, 157 -- FIR - Receipt and recording of - Cognizable offence - Investigation into - Held, receipt and recording of FIR is not a condition precedent for investigation into a cognizable offence - It is clear from provisions of S.157 of the Code which speaks of the procedure for investigation, that investigation can commence, if..........
