Application U/s 156(3) CrPC Seeking Registration Of FIR Cannot Be Dismissed Merely On The Ground Of Delay: Calcutta High Court
3 years, 3 months ago

Application U/s 156(3) CrPC Seeking Registration Of FIR Cannot Be Dismissed Merely On The Ground Of Delay: Calcutta High Court

Live Law  

The Calcutta High Court observed that a magistrate cannot dismiss an application under Section 156 of Criminal Procedure Code merely on the ground of delay in lodging complaint.The magistrate cannot draw an inference that because of delay of lodging complaint it could be inferred that the application could not be treated as FIR on the ground of inordinate delay, Justice Bibek. The Calcutta High Court observed that a magistrate cannot dismiss an application under Section 156 of Criminal Procedure Code merely on the ground of delay in lodging complaint. The court added that there is no direction in the Supreme Court judgment in Lalita Kumari case to throw an application away under Section 156 of the Code on the ground of delay without sending it to the police authority for either preliminary inquiry or investigation treating the same as FIR. It was contended before the court that the Supreme Court judgment in Lalita Kumari never empowers the Magistrate to outright dismiss an application under Section 156 of the Code on the ground of delay.

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History of this topic

Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court
1 year, 3 months ago

Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case. in rape case cannot fatal to prosecution if there is cogent and trustworthy evidence.” The bench was hearing a 12 years old Criminal Appeal …

Condonation Of Delay Is An Exception, Should Not Be Used As Per Convenience Of Government Departments: Delhi High Court
1 year, 4 months ago

Condonation Of Delay Is An Exception, Should Not Be Used As Per Convenience Of Government Departments: Delhi High Court

Live Law  

The Delhi High Court has observed that condonation of delay is an exception which should not be used as per convenience of the Government departments. Justice Chandra Dhari Singh added that courts must not treat Government agencies differently while deciding the applications for condonation of delay and that the Government is under “special obligation” to ensure that their duties are. …

Calcutta High Court Refuses To Quash POCSO FIR Against ‘Priest’ Grand-Uncle, Says No Time Limit Can Be Prescribed For Filing Such Complaints
1 year, 5 months ago

Calcutta High Court Refuses To Quash POCSO FIR Against ‘Priest’ Grand-Uncle, Says No Time Limit Can Be Prescribed For Filing Such Complaints

Live Law  

The Calcutta High Court has refused to quash the criminal proceedings under the Protection of Children from Sexual Offences Act initiated by a minor girl against her grand-uncle, a priest, accusing him of committing various acts of sexual assault upon her, when she was 15-16 years old. It was submitted that there were several familial problems that had existed between …

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court
2 years ago

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court

Live Law  

The Supreme Court observed that unexplained inordinate delay can be considered as a 'very crucial factor' for quashing a criminal complaint.The law, is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, the bench of Justices Krishna Murari and S. Ravindra Bhat observed.In this case, in the year …

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
2 years, 6 months ago

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 7 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC
2 years, 8 months ago

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Live Law  

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 9 months ago

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI

Live Law  

The Calcutta High Court has recently refused to grant relief under Section 5 of the Limitation Act to the Central Bureau of Investigation for condonation of delay of about 302 days in filing an appeal. Justice Bibek Chaudhuri remarked that the government agency is not a privileged litigant and no explanation is forthcoming as to why the heads of various …

'Take Recourse To CrPC': Calcutta High Court Dismisses Writ Petition U/A 226 Seeking Directions For Registration Of FIR
2 years, 10 months ago

'Take Recourse To CrPC': Calcutta High Court Dismisses Writ Petition U/A 226 Seeking Directions For Registration Of FIR

Live Law  

Opining on the established principle of availability of alternate remedy, the Calcutta High Court on Tuesday observed that a writ petition under Article 226 of the Constitution cannot be filed for adjudicating upon a grievance pertaining to the non-registration of FIR by police authorities on the basis of a complaint made. A Bench comprising Chief Justice Prakash Shrivastava and Justice …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
2 years, 11 months ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

Live Law  

The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
4 years ago

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. Findings …

Long Delay In Lodging FIR A Valid Consideration To Grant Anticipatory Bail : Supreme Court
4 years, 1 month ago

Long Delay In Lodging FIR A Valid Consideration To Grant Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court has observed that a long delay in lodging FIR can be a valid consideration for grant of anticipatory bail.The bench headed by Justice Ashok Bhushan observed thus while allowing the anticipatory bail plea of former Director General of Police, Punjab, Sumedh Singh Saini who had sought the bail relation to the 1991 Balwant Singh Multani murder case. …

Section 156(3): Failure To Register FIR Within 24 Hrs On The Receipt Of Order Attracts Disciplinary And Penal Consequences:Calcutta HC [Read Judgment]
5 years, 5 months ago

Section 156(3): Failure To Register FIR Within 24 Hrs On The Receipt Of Order Attracts Disciplinary And Penal Consequences:Calcutta HC [Read Judgment]

Live Law  

Emphasizing on need of compliance with directions from the judicial authority on registration of first information report under Section 156 of the Code of Criminal Procedure, Division Bench of Calcutta High Court observed that the FIR should be promptly registered by the police under section 156 of Cr.P.C once there are directions from Magistrate for same and action should be …

FIR Delay May Be Condoned If Complainant Appears To Be Reliable And Without Motive : SC [Read Judgment]
5 years, 9 months ago

FIR Delay May Be Condoned If Complainant Appears To Be Reliable And Without Motive : SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the delay in lodging FIR can be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely. The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee observed that the court is duty bound to determine whether the explanation afforded is plausible enough …

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