FIR – Advocatetanmoy Law Library

Netaji Achyut Shinde (Patil) & Anr. Vs. State of Maharashtra-23/03/2021

Posted by Advocatetanmoyon March 25, 2021in MURDER, Supreme Court Judgments

A cryptic phone call without complete information or containing part-information about the commission of a cognizable offence cannot always be treated as an FIR. This proposition has been accepted by this Court in T.T. Antony v. State of Kerala-5 and Damodar v. State of Rajasthan-6. A mere message or a telephonic message which does not clearly specify the offence, cannot be treated as an FIR.

FIR case clubbing with Complaint case

Posted by Advocatetanmoyon January 25, 2021January 28, 2021in Judicial Dictionary

n Harjinder Singh v. State of Punjab and Ors., (1985) 1 SCC 422 the question was whether the Court should in the facts and circumstances of the case direct that the two cases should be tried together but not consolidated i.e. the evidence be recorded separately in both cases and they may be disposed of simultaneously except to the extent that the witnesses for the prosecution which are common to both may be examined in one case and their evidence be read as evidence in the other.

Anju Chaudhary vs State Of U.P.& Anr-13/12/2012

Posted by Advocatetanmoyon December 5, 2020in Supreme Court Judgments

A cardinal question of public importance and one that is likely to arise more often than not in relation to the lodging of the First Information Report (FIR) with the aid of Section 156(3) of the Code of Criminal Procedure (for short, ‘the Code’) or otherwise independently within the ambit of Section 154 of the Code is as to whether there can be more than one FIR in relation to the same incident or different incidents arising from the same occurrence.

Kari Choudhary Vs Most. Sita Devi and others-11/12/2001

Posted by Advocatetanmoyon December 5, 2020in Supreme Court Judgments

Legal position is that there cannot be two FIRs against the same accused in respect of the same case. But when there are rival versions in respect of the same episode, they would normally take the shape of two different FIRs and investigation can be carried on under both of them by the same investigating agency. Even that apart, the report submitted by the Court styling it is as FIR No. 208 of 1998 need be considered as an information submitted to the Court regarding the new discovery made by the police during investigation that persons not named in FIR No. 135 are the real culprits. To quash the said proceeding merely on the ground that final report had been laid in FIR No. 135 is, to say the least, too technical. The ultimate object of every investigation is to find out whether the offences alleged have been committed and, if so who have committed it.

FIR against Reha Chakraborty and 6 ors in Sushant Singh death case by CBI

Posted by Advocatetanmoyon August 6, 2020August 7, 2020in Criminal Procedure Code 1973

In exercise of the powers conferred by sub-section (1) of Section 5 read with Section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) the Central Government, with the consent of the State Government of Bihar, issued vide Home Department (Police Branch) Notification No.9/C.B.1-80-09/2020 HP-5101/Patna, Dated 4th August, 2020, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole State of Bihar

Delay filing FIR

Posted by Advocatetanmoyon January 29, 2020in Judicial Dictionary

Failure of the prosecution to provide any explanation much less a plausible one shows that the investigating agency had no clue about the perpetrators of the crime at the time when it reached the spot or soon thereafter nor did…

F.I.R of Mahatma Gandhi Assassination case – 30/01/1948

Posted by Advocatetanmoyon November 29, 2019November 29, 2019in Criminal

He had barely covered six or seven steps when a person whose name I learnt later as Narayan Vinayak Godse, resident of Poona, stepped closer and fired three shots from a pistol at the Mahatma from barely 2 / 3 feet distance which hit the Mahatma in his stomach and chest and blood started flowing. Mahatma ji fell backwards, uttering "Raam - Raam". The assailant was apprehended on the spot with the weapon.

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

Posted by Advocatetanmoyon November 16, 2019December 5, 2020in Supreme Court Digest on The Code of Criminal Procedure, Supreme Court Judgments

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).

HMC sweeper was abducted by advocates inside the court premises, police rescued him: Read FIR dated 24.04.2019

Posted by Advocatetanmoyon May 4, 2019May 4, 2019in Criminal

In connection with the Howrah Court violence, one Debasish Panja lodged an FIR by saying that he was abducted by advocates on 24.04.2019 at 5.00 PM and taken inside the Civil Court Complex. He was manhandled by the advocates and…

100 mistakes made the complaint null: Secretary of The Howrah Criminal Bar Library lodged FIR on 24.04.2019

Posted by Advocatetanmoyon May 4, 2019May 4, 2019in Criminal

The FIR lodged by the Secretary of the Howrah Criminal Bar Library is contradictory in view of the other connected FIRs filed by the security guards and by one Asish Kr Dinda(Advocate). These show that the fighting started with two…

Uniformed Advocates of Howrah Court attacked ABP Ananda reporters: said the FIR dated 24.04.2019

Posted by Advocatetanmoyon May 4, 2019May 4, 2019in Criminal

A violent mob of lawyers in their court uniform attacked Sree Summit Halder around 2.00 PM on 24.04 2019, while he was reporting for ABP Ananda from HMC area, on the pretext that he was reporting some misleading news and…

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.