If an FIR once started, shall not be cancelled by the police, nor by the Magistrate. Recording of FIR means starting of an investigation of a cognizable case which can only be concluded in […]
1. Recording of information in General Diary: Officer-in-charge of a police station can record any information in G.D U/S 44 Police Act 1861. 44. Police officers to keep diary – It shall be […]
It is well settled that a First Information Report is not an encyclopedia, which must disclose all facts and details relating to the offence reported. An informant may lodge a report about […]
WEST BENGAL AMENDMENT In section 167- (1) For sub-sec. (5) of Section 167 following sub-section shall substituted- “(5) If, in respect of – (i) any case triable by a Magistrate as a […]
Nimmagadda Prasad Vs. Central Bureau of Investigation, wherein with respect to the economic offences Supreme Court has observed as follows: Economic offences constitute a class apart and need to be visited with […]
It further observed that when defective investigation comes to light during course of trial, it may be cured by further investigation, if circumstances so permitted.
The power to order fresh, de-novo or re- investigation being vested with the Constitutional Courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising […]
When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests
Whether anonymous letter sent in the name of a Judge can be entertained as Public Interest Litigation?
only a person acting bona fide and having sufficient interest in the proceeding of PIL will alone have a locus standi and can approach the Court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration.
though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal powers
Arrests can be made by Police Officers with Warrants issued by the Courts. There is no discretion allowed to the police in executing Warrants of arrests.
the scheme of Sections 154, 157 and 173 in particular of the Cr.P.C and the pattern of consequences to follow in the two contingencies referred to herein above, this Court propounded that in case the Magistrate is not inclined to take cognizance of the offence and issue process, the informant must be given an opportunity of being heard so that he can make his submissions to persuade the Magistrate to take cognizance of the offence and issue process.