Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Dismissal - Validity - Tribunal while rejecting claim petitions has found that FIR was registered on statement of injured eye witness-cum-claimant - In said FIR neither particulars of offending vehicle viz., kind, make, registration number etc. were given nor name of driver of said vehicle was mentioned -..........
Criminal Procedure Code, 1973, Section 154 -- Indian Penal Code, 1860, Ss. 363/511/34 IPC - FIR - Discharge of accused - Validity - Trial Court came to conclusion that facts disclosed false implication of accused on account of registration of FIR against uncle, aunt and sister of complainant - Court found version given by petitioner complainant was unbelievable when FIR..........
Criminal Procedure Code, 1973, Section 154 -- Cognizable Offence - Registration of FIR - Two divergent views of Supreme Court - One view that in case of cognizable offence SHO is bound to register FIR and other view that it is open to SHO before registering FIR to conduct an enquiry - Matter referred to Constitutional Bench to have clear enunciation of law...........
Criminal Procedure Code, 1973, Section 482, 156(3), 190 -- Inherent powers - Registration of FIR - Direction sought to register a case against police officials for having committed a cognizable offence for causing fracture of forearm of son of petitioner when he was allegedly in custody of police - Disputed question of fact involved - Held, such question cannot be..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
Eye witness -- Name not mentioned in FIR - His testimony cannot be discarded merely on the ground that his name was not mentioned in the FIR particularly when his statement u/s 161 Cr.P.C. was recorded at the spot just after the registration of the case...........
Criminal Procedure Code, 1973, Section 154,162 -- Telephonic message received by Police Officer that two persons died in a dispute - Police Officer reached spot and prosecution witness submitted written report to him - Police Officer recorded endorsement on it, signed and sent it with constable to police station for registration of FIR - Held, written report submitted..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejected - Vehicle driven rashly and negligently hit the motorcycle of the complainant from behind causing accident and injuries - Author of crime not known - In such cases police investigation was a must - No option except to direct registration of FIR - Magistrate committed gross illegality..........
