Criminal Procedure Code, 1973, Section 154 -- Second FIR - Quashing of - Both the complaints are by very same complainant which pertains to same incident and same time and date of incident - Complainant cannot be permitted to improve on earlier complaint and as an afterthought bring in other offences in second complaint becoming a second FIR on sameness - Second FIR held,..........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 20(3) -- Second FIR - Maintainability - Double jeopardy - When FIR is already registered, second FIR relating to same date, time and place of occurrence not maintainable against same accused, as it amounts to double jeopardy - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 164, 154 -- Statement recorded u/s 164 Cr.P.C - Stands on much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR on same allegations - Cannot be registered, particularly when first FIR was quashed on merits...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Preliminary enquiry - Where FIR is already registered, preliminary enquiry is not bound to be held on a subsequent complaint, containing very same allegations...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - FIR in corruption cases need to be registered only after conducting preliminary enquiry...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - Complainant failed to implead persons against whom grave allegations are raised - Writ petition filed for registration of FIR dismissed...........
Evidence Act, 1872, Section 154 -- Hostile witness - If a witness is not declared hostile by prosecution, benefit of such evidence should go to accused and not to prosecution...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - FIR lodged after 7th day of incident - No explanation given for such delay - However, PW4 stated that FIR lodged on very next day of incident - Such minor contradiction is possible when FIR was lodged by an illiterate lady and same was written by some other person - Even otherwise, said..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay in lodging FIR is well explained, as victim herself stated that due to fear, she did not disclose about occurrence to her parents till a day after occurrence - Even, several other reasons including apparent chances of social stigma might have prevented parents of victim or victim to..........
