Criminal Procedure Code, 1973, Section 154, 162 -- Cryptic telephonic message - Cannot be treated as FIR - However, if telephonic message is not cryptic and on that basis officer in charge is prima facie satisfied about the commission of a cognizable offence and he proceeds from the police station after recording such information to investigate such offence, then any..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Second FIR of same occurrence - Can be lodged if the allegations in second FIR are not identical with earlier FIR and disclose a different offence...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Registration and investigation - Same does not violate fundamental right of accused...........
Criminal Procedure Code, 1973, Section 482, 154, 156 -- FIR - Not to be quashed if it discloses basic ingredients of offence - Further when FIR is recorded by police on orders passed by Magistrate u/s 156 Cr.P.C. is added prohibition to quash FIR...........
Criminal Procedure Code, 1973, Section 154 -- FIR - A report which discloses the commission of a cognizable offence to be treated as FIR - It does not matter whether the person lodging the report had witnessed the commission of the offence or not - It is also not necessary that all details should be mentioned in the report about the manner of occurrence, the participants..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Rape case - Delay of 6 days - Matter first reported to Panchayat - FOR lodged when no action taken by Panchayat - It is sufficient explanation for delay - In a rape case honour of family is involved - Its members have to decide whether to take the matter to Court or not and such like considerations naturally cause..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Occurrence at around 11 p.m. - Information given at police chowk at 8.00 a.m. next day and FIR lodged at 9.35 a.m. and it reached the Magistrate at 3.00 p.m. As the area was terrorist infected area and terrorism was at its peak during the period as such it cannot be said that there was delay in lodging FIR...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay - Matter first reported to Sarpanch and a Panchayat was called in which family of accused was also present - It was agreed that accused be punished by blackening their faces - This was not done - Ultimately FIR lodged - Held, delay in lodging FIR is explained...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay - In such like cases prosecutrix for the sake of not being dishonoured in the eyes of general public, do not want to narrate the story at an early stage and time is taken to convince and encourage the prosecutrix to come forward and lodge FIR...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Gang rape - FIR - Delay of 10 days - Prosecutrix a teacher living all alone and was unmarried aged about 28 years and did not have any family member to whom she could have narrated her story - Trial Court rightly held delay stood explained and it did not discredit prosecution story...........
