Criminal Trial -- Murder - FIR - Non-mention of recovery of empty cartridges - Effect - No mention of empty cartridges found on spot in FIR - No mention of ante mortem injuries in FIR - IO inspected the place of incident of murders within 15 minutes after arrival of Sub Inspector who prepared inquest and 15 empty cartridges were found on the place of murders by IO -..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320, 482 -- Cruelty - Dowry demand - Quashment of proceedings - Bald allegations against appellants - No case made out against them - Held, for purpose of securing ends of justice, quashing of FIR becomes necessary - S.320 CrPC would not be a bar to exercise power of quashing...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376 - - Murder and rape - Delay in lodging FIR - Incident occurred at 4.30 P.M. on 05.03.2002 - Complaint was made by PW1 at 11.05 P.M. on same day - Distance between place of incident and police station is 2 kms - PW1-father of victim is a villager and on hearing the incident through PWs.2..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Held, it is not an encyclopedia - It is just an intimation of occurrence of an incident and it need not contain all the facts related to said incident...........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents to accused - Provisions under the Code - Held, S.207 of the Code mandates that after completion of investigation and submission of final form before Magistrate, it is duty of Magistrate to furnish accused a free copy of documents, which includes police report, FIR, statements recorded u/ss 161 and 164 of the..........
Constitution of India, 1950, Article 21, 22 -- Supply of documents to accused - Provisions under constitution - Held, accused is entitled to get a copy of FIR at an earlier stage than prescribed u/s 207 of Cr.P.C...........
Constitution of India, 1950, Article 21, 22 -- Supply of documents to accused - Held, an accused who has reason to suspect that he has been roped in a criminal case and his name may be finding place in a FIR can submit an application through his representative/agent for grant of a certified copy before concerned police officer or to Superintendent of Police on payment of..........
Constitution of India, 1950, Article 21, 22 -- Copy of FIR - Direction to upload on website - Held, copies of the FIRs, unless reasons recorded regard being had to the nature of offence that same is sensitive in nature, should be uploaded on the Odisha Police website or by district police website, as the case may be, within twenty-four hours of lodging of FIR so that..........
