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Judgment Search Results Home > Cases Phrase: first information report code of criminal procedure Page 1 of about 117,028 results (0.537 seconds)

May 18 2005 (HC)

Jatt Ram Vs. Punjab State Human Rights Commission and anr.

Court : Punjab and Haryana

Reported in : (2005)141PLR297

..... constitute any offence or make out a case against the accused.(2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the ..... the enquiry/investigation de novo. after coming to the aforesaid conclusion, the state commission directed the state government (although nomenclature as 'recommendation') to immediately file a report under section 173 of the code of criminal procedure in the court relating to f.i.r. no. 60 dated march 19, 2001 against petitioner baldev singh. it was further directed that the cancellation ..... an order dated october 30, 2003, the state commission (single member) rejected the report submitted by the superintendent of police ms. vibhu raj and has recommended to the state government to immediately file a report under section 173 of the code of criminal procedure in the court with regard to fir no. 60 dated march 19, 2001 under sections 323, 342, 379 and ..... a statutory right of the investigating agency. it is, thus, clear that when even this court should be slow to interfere in proceedings under section 482 of the code of criminal procedure for directing the police not to file challan in the court in exercise of its inherent power, then obviously state commission has no jurisdiction to issue the aforesaid directions, .....

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Nov 02 2007 (HC)

Kalpana Kutty, Proprietor of K. Film Kompanie Vs. the State of Maharas ...

Court : Mumbai

Reported in : (2007)109BOMLR2342; LC2007(3)483

..... katoch v. chandigarh administration and ors. it was observed as under:although the officer in charge of a police station is legally bound to register a first information report in terms of section 154 of the code of criminal procedure, if the allegations made by them gives rise to an offence which can be investigated without obtaining any permission from the magistrate concerned; the same by ..... to find out whether information received by him discloses cognizable offence or not.c. whether remedy of filing a writ petition under article ..... the present petition.2. in this petition, following questions arise:a. whether once an information relating to commission of a cognizable offence is received by a police officer in charge of a police station, he is duty bound to register a fir under section 154 of the code of criminal procedure. b. whether it is open to the police officer to make a preliminary inquiry .....

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Oct 22 2001 (HC)

Giridhari Lal Kanak Vs. State and ors.

Court : Madhya Pradesh

Reported in : 2002CriLJ2113; 2002(1)MPLJ596

..... facie evidence of guilt of the officer. thereafter the ordinary law of the land must take its course and further inquiry be proceeded with in terms of the code of criminal procedure by lodging a first information report.21. mr. tankha has also commended me to the decision rendered in the case of swapan kumar guha 1982 cri lj 819 (supra) wherein three judge bench of ..... the apex court expressed their view that an fir which does not allege or disclose that the essential requirement of the penal provision and prima facie, satisfy, cannot form that ..... 1971 cri lj 523 (supra) in the aforesaid case their lordships of the apex court expressed the view as under :17. in our view the procedure adopted against the appellant before the laying of the first information report though not in terms forbidden by law, was so unprecedented and outrageous as to shock one's sense of justice and fairplay. no doubt when allegations ..... now used in sections 154, 155, 157 and 190(c) of the present code of 1973 (act ii of 1974). an overall reading of all the codes makes it clear that the condition which is sine qua non for recording a first information report is that there must be an information and that information must disclose a cognizable offence.32. it is, therefore, manifestly clear that if .....

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Sep 14 2006 (HC)

Dr. Shyam Sundar Prasad Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : 2007(1)BLJR382; 2007CriLJ1989; [2007(1)JCR481(Jhr)]

..... 164 of the code of criminal procedure cannot have any evidentiary value rather, it is used only either for the purpose of contradiction or corroboration. further it be noted that it has come ..... of a hospital at bombay, but p.w. 3 did not come forward to support his case as has been made out in the first information report or in the statement made under section 164 of the code of criminal procedure as he in his evidence has stated that on being promised by lalia that he will send him to saudi arab, he paid him rs ..... 164 of the code of criminal procedure by the informant and also the statement made under section 164 of the code of criminal procedure by p.w.2 did hold that nasir ali was operated upon at prasad nursing home at ranchi but the approach of the trial court is quite erroneous as it has been well settled that statement made either in the first information report or under section ..... .3) removed in his nursing home, still the court below by taking the statement made under section 164 of the code of criminal procedure by p.ws. 3 and 2 and also p.ws.13, 14, 15 and 16 disclosing therein that informant nasir ali p.w.3 had stated before them that he was operated upon by the appellant in his nursing home .....

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Feb 21 2008 (SC)

Central Bureau of Investigation Vs. K.M. Sharan

Court : Supreme Court of India

Reported in : 2008(56)BLJR1210; 2008CriLJ2027; 2008(2)CTC319; 2008(3)SCALE1; (2008)4SCC471; 2008(1)LC437(SC); 2008AIRSCW1649; (2008)2SCC(Cri)430

..... constitute any offence or make out a case against the accused.(2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the ..... cbi, the fir/charge-sheet was erroneously quashed by the high ..... also under section 120b read with section 193 ipc against a.m. sharan and the respondent. the respondent filed criminal miscellaneous petition no. 1802 of 2006 under section 482 of the code of criminal procedure for quashing of the fir/charge-sheet under section 120b read with 193 ipc. the high court by the impugned judgment quashed fir no. rc ac3/2003. according to the ..... without any hesitation is that on the basis of the averments and allegations incorporated in the fir and the charge-sheet, the high court was not justified in quashing the fir/charge-sheet while exercising its extraordinary jurisdiction under section 482 of the code of criminal procedure to stifle a legitimate prosecution.42. we accordingly set aside the impugned judgment of the .....

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Jul 27 2009 (SC)

Bhaskar Lal Sharma and anr. Vs. Monica

Court : Supreme Court of India

Reported in : 2009(5)LHSC3175; JT2009(10)SC109; 2009(10)SCALE744; (2009)10SCC604

..... with regard to the aforementioned propositions of law. however, it is now well-settled that the high court ordinarily would exercise its jurisdiction under section 482 of the code of criminal procedure if the allegations made in the first information report, even if given face value and taken to be correct in their entirety, do not make out any offence. when the allegations made in the ..... first information report or the evidences collected during investigation do not satisfy the ingredients of an offence, the superior courts would not encourage harassment of a person in a criminal court for nothing ..... is said to have been passed in terms of section 83(4)(c) of the code, monica allegedly forged the said order to show that the order of attachment has been passed in terms of section 83(4)(a) thereof.24. brother of the first appellant lodged a first information report ('fir') with moti dungri police station, jaipur. we are, however, not concerned with the said .....

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Mar 03 2009 (HC)

Abhay Tyagi Vs. State (Delhi Admn.) and anr.

Court : Delhi

Reported in : 2009LC(DEL)32

..... is competent to file a complaint, and the police on the basis of the said information investigates the matter and finally files a report under section 173 of the code of criminal procedure, it cannot be said that the court to which such a report is filed is not acting on the information received from the authorised officer of the corporation. section 467 does not lay down ..... a cognizable offence. section 154 of the code prescribes that in respect of every offence which is a cognizable one, information thereof is to be given to an officer in-charge of a police station, who shall reduce the same into writing. thus, it is the duty and responsibility of the police authorities to register a first information report. sub-section (3) of section 154 ..... in the following manner:8. we are unable to accept the submissions made on behalf of the respondent. firstly, it is to be seen that the high court does not quash the complaint on the ground that section 195 applied and that the procedure under chapter xxvi had not been followed. thus such a ground could not be used to sustain the ..... further obligates the police authorities to investigate the same as per the manner prescribed in subsequent sections and thereafter submit its report to the magistrate, who is empowered to take cognizance of the offence on police report, under section 173 of the code, on completion of investigation. interpreting the .....

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Mar 04 1971 (HC)

R.K. Gupta Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1971Delhi254

..... an investigation within the meaning of rule 10(l)(b) of the rules. the investigation there contemplated is an investigation pursuant to a first information report registered under section 154 of the code of criminal procedure. the phraseology employed in the registration of the preliminary enquiry and in the registration to a regular case for investigation reinforces this conclusion. ..... lodged under section 154 of the code of criminal procedure. reliance is placed upon the unreported decision of the supreme court dated april 17, 1963 in criminal appeal no. 171 of 1961 in re: the state of uttar pradesh v. bhagwant ..... (31) it is contended on behalf of the respondents that there is no difference between a preliminary enquiry such as the one which was registered on may 16, 1969 and an investigation pursuant to a first information report ..... within the meaning of the provisions of the code of criminal procedure. the supreme court found that the sub inspector verified the allegations contained in the information; saw the relevant railway records and found the information given to be correct and on the basis of the information collected, submitted a report, the supreme court observed that even though the .....

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Sep 14 2006 (HC)

Smt. Bimla Gupta and Sh. Rakesh Chandra Vs. State and anr.

Court : Delhi

Reported in : 136(2007)DLT521

..... competent to file a complaint, and the police on the basis of the said information investigates the matter and finally files a report under section 173 of the code of criminal procedure, it cannot be said that the court to which such a report is filed is not acting on the information received from the authorised officer of the corporation. section 467 does not lay ..... 154 further obligates the police authorities to investigate the same as per the manner prescribed in subsequent sections and thereafter submit its report to the magistrate, who is empowered to take cognizance of the offence on police report, under section 173 of the code, on completion of investigation. interpreting ..... cognizable offence. section 154 of the code prescribes that in respect of every offence which is a cognizable one, information thereof is to be given to an officer in-charge of a police station, who shall reduce the same into writing. thus, it is the duty and responsibility of the police authorities to register a first information report. sub-section (3) of section ..... licensee or a generating company, as the case may be.7. in order to appreciate the respective contentions, it would be essential to first take note of the relevant provisions of the electricity act and the code of criminal procedure. the four provisions of the electricity act which are referred to are sections 135, 138, 151 and 154 and these may be .....

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Feb 14 1995 (HC)

Mangru Singh Vs. State of Bihar

Court : Patna

..... of the case to the effect that ext. 1, the fard beyan and the first information report filed in the case can be considered as a first information report or not in the true sense of the term as contemplated under the provision of the code of criminal procedure. as per the prosecution case, the first information report (ext.1) was lodged on the very date of occurrence at the police control ..... . so, at best, this statement of hardayal singh can be considered as a statement under section 161 of the code of criminal procedure and not a first information report. in this context, reliance of the learned court below of mentioning the names of the assailants in the first information report could, not be taken as truth without embellishment for the purpose of identification of the accused persons without holding ..... in her statement under section 161 of the code of criminal procedure. these are the forms of evidence or deposition of the witnesses relying which, the conviction has been passed against the above named three accused appellants. obviously, first information report which has been shown to be the first information in the case is not a statement made for the first time before the police and as such no .....

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