Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - If occurrence of incident stands admitted, even if some delay has been caused in writing of the FIR, the same would not render the entire prosecution case suspicious...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Occurrence took place at 6.30 p.m. and FIR lodged at about 10.00 mid night - Explanation given was that two sons were seriously injured and the first reaction was to provide medical facilities to them and then FIR was lodged - Held, there is absolutely no delay in lodging FIR...........
Criminal Procedure Code, 1973, Section 482, 154, Indian Penal Code, 1860, Section 420, 467, 468, 469 -- Quashing of criminal proceedings - Dispute purely of civil nature - Allegations in FIR, even if given face value and taken to be correct, do not make out any offence - Held, initiation of proceedings u/ss 420, 467, 468, 469 IPC not justified - FIR and proceedings arising..........
Criminal Procedure Code, 1973, Section 482, 154, 190, 204, 173 -- Refusal to quash FIR - After refusal charge sheet filed, Magistrate took cognizance thus giving rise to a new cause of action - Held, subsequent petition for quashing maintainable after accrual of new cause of action u/s 482 of the Code ...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Contents thereof - Not an encyclopedia - Held, FIR as is well known is not to be treated to be an encyclopedia - Although effect of a statement made in FIR at earliest point of time should be given primacy, it would not probably be proper to accept that all particulars in regard to commission of offence in detail must be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - A cryptic telephonic message of a cognizable offence received by the police does not constitute a FIR...........
Criminal Procedure Code, 1973, Section 154, 162 -- Telephonic message of a cognizable offence - Police Officer proceeding from the police station after recording such information - Held, such statement is to be deemed to be a statement made in the course of investigation and is covered by S.162 of the Code...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Prompt lodging of - Object of - Held, object of insisting upon prompt lodging of first information report is to obtain earliest information regarding circumstance in which crime was committed, including the names of actual culprits and parts played by them, weapons used if any - Any delayed version will be prone to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not supposed to be an encyclopedia of the entire events and cannot contain the minutest details of the events - When essentially material facts are disclosed in the FIR that is sufficient - FIR is not substantive evidence and cannot be used for contradicting testimony of the eye witnesses except that may be used for the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not encyclopedia of incident - Complainant deposed that except for `H' and `R' others came out and that presupposes that all accused persons had entered into club room along with victim - Fact that four of accused persons came out is a circumstance which can co-exist with fact that they had entered into club room - Held,..........
