Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- FIR - Delay - Rape - Sexual offences - Delay is due to variety of reasons - It concerns the reputation of the prosecutrix and honour of her family - An unmarried girl will not like to give publicity to the traumatic experience she had undergone - Prosecution case cannot be doubted..........
Criminal Procedure Code, 1973, Section 154, 156, 190, 200, 202 -- FIR lodged - Inspite of that police not taking action - Remedies available - In that event complaint is to be filed - Magistrate then to enquire into the complaint - In case a prima facie case is made out then to take cognizance and issue process or direct police to investigate and submit report - In case no..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Complaint/Information disclosing cognizable offence - Police is under statutory duty to register FIR - Police Officer cannot undertake a preliminary inquiry before registration of the case - If complaint is found to be false Police may start proceedings u/s 182 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-mentioning of the names of all accused persons in the FIR is not fatal to the prosecution...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - By itself cannot be a ground to doubt the prosecution case and discard it - The delay in lodging the FIR would put the court on its guard to search if any plausible explanation has been offered and if offered whether it is satisfactory - Case law discussed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Seven hours unexplained delay in lodging FIR - Held, delay was in fact being utilised to find out who the culprits were as it was a case of blind murder...........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 154 -- Dowry death - FIR - Delay of 12 hours - In such like situation where families are involved, it may not be unusual for relations and other members of the society to delay the matter by a few hours or so - Delay not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Direction to police to register a case - Such a direction cannot be issued unless petitioner avails alternative remedy available under the Code viz. to send the substance of such information in writing to SSP in case of refusal of Officer-in-charge of a police post to..........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Remedies available - Substance of such information can be sent to SSP in writing by post - SSP can either investigate himself or can direct investigation by any police official subordinate to him - Complainant can also avail remedy available u/ss 199 r/w S.200 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's of the same offence - One registered at Chandigarh and second at Dera Bassi in same set of facts and circumstances - Second FIR quashed - It is abuse of process of law...........
