No Bar For Police To File Final Report After Initial Refer Report: Madras HC [Read Order]
8 years, 1 month ago

No Bar For Police To File Final Report After Initial Refer Report: Madras HC [Read Order]

Live Law  

The Madras High Court has recently held that there is no illegality in filing a second final report implicating an accused, after filing an initial refer report, referring the case as mistake of fact.Justice Kalaiyarsan was hearing a petition filed by an accused challenging the order of a magistrate ordering further investigation and subsequent final report implicating him.The police. The Madras High Court has recently held that there is no illegality in filing a second final report implicating an accused, after filing an initial refer report, referring the case as mistake of fact. Justice Kalaiyarsan was hearing a petition filed by an accused challenging the order of a magistrate ordering further investigation and subsequent final report implicating him. Meanwhile, the investigating official filed another final report implicating the accused.

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History of this topic

Badlapur encounter: Maharashtra government seeks time to amend petition in court
2 days, 20 hours ago

Badlapur encounter: Maharashtra government seeks time to amend petition in court

India Today  

The Maharashtra government, on Wednesday, sought two weeks time to amend their petition before the Bombay High Court to challenge the entire proceeding in the lower court in the alleged fake Badlapur encounter case. The proceeding was initiated by the policemen against a magistrate's enquiry which allegedly found the government guilty of a fake encounter of Badlapur sexual assault accused …

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
3 days, 4 hours ago

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court

Live Law  

The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156 of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154 and 154 of the CrPC. Only after these steps are taken and the remedies under Section 154 are exhausted can the complainant …

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case
6 days, 9 hours ago

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case

Live Law  

The Supreme Court today passed an interim order restraining the Central Bureau of Investigation from conducting investigation into the allegations against former AIADMK Minister K.T. On January 6, the Madras High Court directed CBI's probe after it found that the Tamil Nadu Government had not complied with the Court's earlier order passed in November last year, directing the State police …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 4 days ago

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

Live Law  

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. The court was hearing a plea filed by NewsTamil 24x7 represented by its Editor, seeking to set aside …

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges
1 month ago

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges

Live Law  

While setting aside charges against a man booked in two FIRs having the same set of accusations, the Jodhpur bench of the Rajasthan High Court reiterated that two cases could not run simultaneously for same set of accusation. The court further observed that trial court while taking cognizance failed to take note of the grounds mentioned in the negative final …

Madras High Court dismisses Seeman’s plea to quash rape case
1 month ago

Madras High Court dismisses Seeman’s plea to quash rape case

The Hindu  

The Madras High Court on Monday dismissed a petition filed by Naam Tamilar Katchi chief coordinator S. Seeman, 57, in 2023 to quash a rape case registered against him by the Valasaravakkam police in Chennai years ago, on the basis of a complaint lodged by an actor. Justice G.K. Ilanthiraiyan refused to quash the First Information Report, registered on the …

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court
1 month, 2 weeks ago

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

Live Law  

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. After perusing the material on record, the Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta opined that the High Court had grossly erred while directing a fresh investigation. “On going through the material placed on …

"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports
1 month, 3 weeks ago

"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports

Live Law  

The Madras High Court on Friday asked the Tamil Nadu Home Secretary to ensure that FIRs and Final Reports are filed by the police department promptly after following due procedures of law. Following this, the Home Secretary personally appeared before the court and appraised the court of the steps taken by the department to ensure proper compliance with the law. …

Supreme Court stays Madras High Court order against Chennai Police Commissioner
1 month, 3 weeks ago

Supreme Court stays Madras High Court order against Chennai Police Commissioner

India Today  

The Supreme Court on Monday stayed the Madras High Court’s order calling for an enquiry against Chennai Police Commissioner in connection with the alleged Anna University sexual assault case. The stay, issued by a bench comprising Justices BV Nagarathna and Satish Chandra Sharma, comes in response to a plea by the Tamil Nadu government challenging the high court’s observations against …

FIR against Palaniswami: Madras High Court dismisses Opposition leader’s revision petition
2 months ago

FIR against Palaniswami: Madras High Court dismisses Opposition leader’s revision petition

The Hindu  

The Madras High Court on Wednesday dismissed a criminal revision petition filed by the Leader of the Opposition Edappadi K. Palaniswami challenging a judicial magistrate’s 2023 direction to the police to inquire into the charge of him having provided wrong information about his wealth and education in his 2021 election affidavit. Justice P. Velmurugan rejected the revision petition after finding …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
2 months, 2 weeks ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

Calcutta High Court Declines To Interfere With Preliminary Report Against SRFTI Dean Filmmaker Vipin Vijay Over POSH Allegations
3 months ago

Calcutta High Court Declines To Interfere With Preliminary Report Against SRFTI Dean Filmmaker Vipin Vijay Over POSH Allegations

Live Law  

The Calcutta High Court has declined to interfere with a preliminary report by the Internal Committee of the Satyajit Ray Film and Television Institute against Dean and Filmmaker Vipin Vijay who had been accused of sexual harassment. In declining a plea by Vijay seeking quashing of the report, Justice Kausik Chanda held: "I am not inclined to interfere with the …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
3 months, 1 week ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 months, 3 weeks ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

“Serious Issue”: Madras High Court Orders Probe After IO Says She Didn't Investigate Case, Her Signatures Were Forged
3 months, 3 weeks ago

“Serious Issue”: Madras High Court Orders Probe After IO Says She Didn't Investigate Case, Her Signatures Were Forged

Live Law  

The Madras High Court recently ordered a de novo investigation into a case after the Investigation Officer informed the court that she had not investigated the case and her signature in the final report was forged. The court added that the investigation should not be limited to the issue of the case but also ascertain as to who prepared the …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
4 months, 2 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple
5 months, 3 weeks ago

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple

Live Law  

“To summon is a serious affair and it becomes more serious when summon is issued after rejecting outcome of investigation i.e. The magisterial court in its order rejected final report and issued summons to the doctor couple and other accused. The high court passed the order while hearing a plea moved by the doctor couple against the summoning order of …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report
9 months, 2 weeks ago

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

Live Law  

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with witnesses statements and documents, hereinafter. This direction shall be complied strictly hereinafter.” The Court stated …

DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court
1 year ago

DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court

Live Law  

The Madras High Court recently set aside an order of the Director General of Police transferring the investigation in a case from the state police to the Crime Branch of CID. The court further said that the CBCID could only continue with the investigation carried on by the State police and file a supplementary report and ought not to have …

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court
1 year, 1 month ago

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

Live Law  

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case
1 year, 4 months ago

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income. A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 5 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case
1 year, 7 months ago

'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case

Live Law  

Days after taking up suo moto revision against acquittal of Tamil Nadu Minister K. Ponmudy in a disproportionate assets case, Justice Anand Venkatesh of the Madras High Court today made critical remarks against the manner in which trial was conducted against State's revenue minister KKSSR Ramachandran and finance minister Thangam Thenarasu in the disproportionate assets case against them. The court …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 8 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court
1 year, 9 months ago

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 127A of the Representation of Peoples Act is a non cognizable one. Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence. "This …

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
2 years, 1 month ago

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. Meanwhile, after passing of the order dated 21.02.2022 of return of the so called …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court
2 years, 3 months 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 …

Offenders File Frivolous Petitions Against Police Officers To Escape From Clutches Of Law, Serious Action Warranted: Madras High Court
2 years, 3 months ago

Offenders File Frivolous Petitions Against Police Officers To Escape From Clutches Of Law, Serious Action Warranted: Madras High Court

Live Law  

The Madras High Court recently imposed Rs. Justice SM Subramaniam observed that there is a recent trend of filing petitions against police officers without any substance and such practice should never be tolerated. Whenever the police officials initiate actions under law and by following the procedures, in order to escape from the clutches of law, these offenders are filing writ …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years
2 years, 5 months ago

Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years

Live Law  

The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. When a previous application was filed to quash the FIR alleging that the case was false, the court was informed that the police had …

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court
2 years, 5 months ago

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.CThe Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 6 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

A Report Under Section 99 Of IBC Cannot Be Filed By Resolution Professional Without The Adjudicating Authority's Directions: NCLT Mumbai
2 years, 8 months ago

A Report Under Section 99 Of IBC Cannot Be Filed By Resolution Professional Without The Adjudicating Authority's Directions: NCLT Mumbai

Live Law  

The National Company Law Tribunal, Mumbai Bench, comprising of Shri H. V. Subba Rao Shri Chandra Bhan Singh, while adjudicating a petition filed in Bank of Baroda Limited v Mr. Pawan V Kikavat, has directed the Resolution Professional to file a fresh a report under Section 99 of the Insolvency and Bankruptcy Code, 2016 for recommending approval or rejection of …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 8 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

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

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 10 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court
2 years, 11 months ago

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that in cases where a further investigation has been carried out then irrespective of its outcome, such further investigation report is required to be placed before the Court of Magistrate.The Bench of Justice Goutam Bhaduri observed thus while relying upon the ruling of Supreme Court recent ruling in the case of Luckose Zachariah @ …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 11 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court
3 years ago

Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court

Live Law  

The Supreme Court has observed that a Judicial Magistrate should consider both the initial final report submitted under Section 173 CrPC and the supplementary report submitted under Section 173 before deciding whether there is ground for presuming that the accused has committed an offense. The judgment held : "In view of the clear position of law which has been enunciated …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Trial Court Closes Proceedings Against Karnataka BJP Chief Naleen Kumar Kateel For Allegedly Intimidating Police Officer
3 years, 1 month ago

Trial Court Closes Proceedings Against Karnataka BJP Chief Naleen Kumar Kateel For Allegedly Intimidating Police Officer

Live Law  

The Karnataka High Court was informed by BJP Member of Parliament, Naleen Kumar Kateel, that the trial court has accepted the B-report and closed the proceedings initiated against him for allegedly intimidating a police inspector Maruthi Nayak, in the year 2017. Advocate H Pavana Chandra Shetty appearing for the petitioner who had sought quashing of the FIR registered against him …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
3 years, 2 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
3 years, 2 months ago

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea

Live Law  

The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be …

'Ineffective, Incomplete, Defective Investigation': Court Rejects Police Report To Drop Corruption Case Against Karnataka CM Yediyurappa
3 years, 8 months ago

'Ineffective, Incomplete, Defective Investigation': Court Rejects Police Report To Drop Corruption Case Against Karnataka CM Yediyurappa

Live Law  

A Special MP/ MLA Court in Karnataka has refused to drop the investigation against Chief Minister BS Yediyurappa in an alleged case of corruption relating to denotification of prime land in Bengaluru in 2006, when he was then the Deputy CM.The Court of Addl. had taken much pain to investigate some unconnected matters relating to the present accused and filed …

Kerala Police To Not Investigate Second FIR Against ED Till High Court Hears Case Tomorrow
3 years, 11 months ago

Kerala Police To Not Investigate Second FIR Against ED Till High Court Hears Case Tomorrow

Live Law  

The Kerala Police on Wednesday undertook before the Kerala High Court that no further steps will be taken with respect to the investigation in the second FIR registered by it against unnamed officials of the Enforcement Directorate alleging coercion of an accused in the gold smuggling case to make implicating statements against the Chief Minister Pinarayi Vijayan.This development took place …

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