Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Effect - FIR was recorded without delay and investigation started on the basis of FIR - Defence failed to show that any prejudice is caused to accused on ground of alleged delay in sending copy of FIR to Magistrate - Held, in absence of any other infirmity, delay in forwarding report to..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Occurrence took place at 10 A.M. and FIR lodged at 11.45 A.M. - More than ten persons suffered injuries and one person died on spot - Police station was 12 kms. away and informant had to reach police station only through bullock cart - Held, there was no delay in lodging FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Criminal Procedure Code, 1973, Section 157 -- FIR sent to Magistrate after three days of its registration - FIR cannot be said to be anti timed, anti dated and fabricated when no question was put to I.O. as to the cause of delay in sending FIR to Magistrate...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Duty of Court - Held, whether delay creates a dent in prosecution story and ushers in suspicion has to be gathered by scrutinizing explanation offered for delay in light of totality of facts and circumstances - Greater degree of care and caution is required on part of Court to appreciate evidence to..........
Indian Penal Code, 1860, Section 302 -- Murder - Delayed FIR - Murder of 5 persons - Occurrence had taken place at night - Informant, brother of deceased, has clearly deposed that he and others were in a terrible state of trauma to proceed to police station to lodge an FIR - After day broke, they mustered courage and proceeded towards police station and lodged FIR at 6.45..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acquittal - Validity - Accused alleged to have fired from his pistol at stomach of deceased - Accused also sustained injury in same occurrence - Delay in lodging FIR - No explanation regarding injuries of accused either in fard beyan or evidence of informant and other witnesses - Held, same created grave doubt..........
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3 - - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(b)(ii)(c) -- Contraband - Delay of 3 hours in lodging FIR when police station was a distance of one kilometer - Delay not explained - Delay also not explained for not producing the contraband before officer-i, charge soon after seizure thereof - No information about seizure and arrest of accused forwarded..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 11 days in lodging FIR - Explanation furnished not satisfactory - Prosecution version that a common friend tried to settle the matter but he deposed that he does not know anything about the case - Second explanation that prosecutrix was terrorised to be killed in case of reporting the matter to police is wholly..........
