Category: Supreme Court Digest on The Code of Criminal Procedure

Dr. Monica Kumar and ANR Vs State of U.P and ORS-27/05/2008

Under Article 142 of the Constitution this Court in exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any ’cause’ or ‘matter’ pending before it. The expression “cause” or “matter” would include any proceeding pending in court and it would cover almost every kind of proceeding in court including civil or criminal.

Shiv Shankar Singh Vs State of Bihar and Another-22/11/2011


Second FIR – filing another FIR in respect of the same incident having a different version of events is permissible. (Vide: Ram Lal Narang v. State (Delhi Admn.), AIR 1979 SC 1791; Sudhir and Ors., v. State of M.P. AIR 2001 SC 826; T.T. Antony v. State of Kerala and Ors., AIR 2001 SC 2637; Upkar Singh v. Ved Prakash and Ors., AIR 2004 SC 4320; and Babubhai v. State of Gujarat and Ors., (2010) 12 SCC 254).



Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.

Availability of an alternative remedy of filing an appeal is not a bar in accepting petition under Section 482 of Cr.P.C.

Punjab State Warehousing Corporation Faridkot  Vs  Sh. Durga Ji Traders and Others —Criminal Procedure Code, 1973—Sections 205, 317 and 482—dismissal of complaint for default—Restoration application dismissed on the ground of availability of an alternative remedy —Trial Court dismissed complaint on a hyper technical ground that since complainant had been appearing in person despite order exempting him from personal appearance—An order of exemption from personal appearance continues to be in force till it is revoked or recalled—Availability of alternative remedy of filing appeal is not an absolute bar in entertaining petition under Section 482—Complaint restored.

Lalita Kumari vs Govt.Of U.P.& Ors- 12/11/2013

Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected.