Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Undue delay in lodging FIR without acceptable evidence - Contributes doubt in the prosecution case...........
Criminal Procedure Code, 1973, Section 157 -- Delay of 3 hours in sending FIR to Magistrate - Reason for delay to be put to I.O. who is in a position to explain the delay - Without seeking for a response from the investigating officer, it is not open to say that there was delay in sending the report - An adverse inference would be drawn in respect of a matter for which no..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 5 hours - FIR lodged by father of deceased - Father used Public conveyance to reach police station though he owned a tractor - It caused 5 hours of delay - No adverse inference can be drawn - Frame of mind of father cannot be lost sight of whose son was murdered...........
Criminal Procedure Code, 1973, Section 154 -- Incident took place at 4 p.m. and FIR lodged at 6.30 p.m. - Police station four miles away from place of incident - PW1 went to police station through different villages so as to avoid risk to his life - It cannot be said that there is delay in lodging FIR...........
Criminal Procedure Code, 1973, Section 195, 340 -- Forged documents filed in Court - Bar of S.195 Cr.P.C. in lodging FIR and investigation by police - Ss.195 & 340 do not control or circumscribe power of police to investigate the offence - Embargo would come only at stage of taking cognizance - At the stage of investigation S.195 Cr.P.C. had no application - Court can then..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Power has to be exercise very sparingly and with circumspection and in rarest of rare cases - Court is not justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR - Court also cannot inquire whether the allegations in the complaint are..........
Criminal Procedure Code, 1973, Section 154, 162 -- Cryptic telephonic message - Cannot be treated as FIR - However, if telephonic message is not cryptic and on that basis officer in charge is prima facie satisfied about the commission of a cognizable offence and he proceeds from the police station after recording such information to investigate such offence, then any..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - If the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused, the proceeding can be quashed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Second FIR of same occurrence - Can be lodged if the allegations in second FIR are not identical with earlier FIR and disclose a different offence...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Registration and investigation - Same does not violate fundamental right of accused...........
