Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 6 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall within the ambit of. The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation. It added, "Moreover, when sub Section of Section 173 Cr.P.C., also permits the making of further investigations, by the investigating officer concerned, resultantly, when recourse is made to Section of Section 173 Cr.P.C, as such, Section 468 of Cr.P.C., would not become attracted, nor, any police report filed within the ambit of sub Section of Section 173 Cr.P.C., subsequent to the holding of further investigations, and, even if filed beyond the period of limitation prescribed in Section 468 Cr.P.C., would never bar the jurisdictionally empowered Magistrate to either assume cognizance, or, assume jurisdictions qua the offences mentioned thereins." The reason being, that if the crime event, is promptly reported to the police, and, results in the registration of an FIR, and, even if some delay has occurred in the relevant investigations, rather at the instance of the investigating officer concerned, and, may be also when the delayed investigations rather exceed the term of limitation prescribed in Section 468 Cr.P.C., hence for assumption of jurisdiction, and, cognizance.

Court Investigations Delay Report Punjab Fir Magistrate Crpc Haryana High Court 468 Investigating Cognizance Police Report Sub Section Section 468 Cr  does  institution  investigations  officer  threaten  punjab  report  crpc  high  haryana  cognizance  delay  fir  court  delayed  investigating  period  468  offences

History of this topic

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
6 days, 6 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 …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 6 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court
2 weeks ago

Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court

Live Law  

The Jammu and Kashmir High Court has held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR. Justice Sanjay Dhar observed that once the magistrate opts for the complaint case …

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC
1 month, 1 week ago

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC would be fatal to the case of the prosecution.Justice Harpreet Singh Brar said, "A bare perusal of the CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written. The …

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC
1 month, 3 weeks ago

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC

Live Law  

The Punjab & Haryana has observed that Section 175 of BNSS has introduced additional safeguards ensuring that before directing the registration of an FIR, the Magistrate is required to conduct such inquiry as deemed necessary and consider the submissions made by the police officer. Justice Harpreet Singh Brar said, "Furthermore, Section 175 of BNSS has introduced additional safeguards ensuring that …

'For Uniformity & Coherence': P&H HC Issues Guidelines For Magistrates To Consider Cancellation Reports, Application To Lodge FIR Under BNSS
1 month, 3 weeks ago

'For Uniformity & Coherence': P&H HC Issues Guidelines For Magistrates To Consider Cancellation Reports, Application To Lodge FIR Under BNSS

Live Law  

The Punjab & Haryana High Court issued a slew of guidelines to magistrates on consideration of cancellation reports and applications to lodge FIRs under section 156 of CrPC. "To ensure uniformity and judicial coherence", the Court issued the following guidelines: Guidelines for considering Cancellation Reports under Section 173 of Cr.P.C. Direct further investigation by the police under Section 156 of …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
2 months ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 1 week ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order
2 months, 2 weeks ago

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

Live Law  

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code. Justice Jitendra Kumar, presiding over the case, observed, “The Magistrate is not competent to take cognizance of an offense punishable under Section 188 IPC on a police report. The Court, in its judgement, …

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty
2 months, 2 weeks ago

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

Live Law  

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the …

Gurugram Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'
Trending News
2 months, 2 weeks ago

Gurugram Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'

Live Law  

The Punjab and Haryana High Court has upheld the order summoning an additional accused to face trial in the Gurugram land acquisition scam, allegedly involving then Haryana Chief Minister Bhupinder Singh Hooda and others from the Industrial Model Township. Justice Kuldeep Tiwari opined that there are sufficient incriminating evidence which require the Petitioner- Amit Katyal, who was the Director of …

Manesar Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'
2 months, 2 weeks ago

Manesar Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'

Live Law  

The Punjab and Haryana High Court has upheld the order summoning an additional accused to face trial in the Manesar land acquisition scam, allegedly involving then Haryana Chief Minister Bhupinder Singh Hooda and others from the Manesar Industrial Model Township. Justice Kuldeep Tiwari opined that there are sufficient incriminating evidence which require the Petitioner- Amit Katyal, who was the Director …

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court
2 months, 2 weeks ago

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court

Live Law  

The Supreme Court observed that the filing of a police closure report would not bar the summoning of an additional accused under Section 319 of Cr.P.C. The Court observed that if the evidence presented during the trial indicates that a person should be summoned to face trial, the trial court has the discretionary power under Section 319 of the Cr.P.C. …

24X7 Helpline, Decide Representation In 3 Days: Punjab & Haryana HC Issues Guidelines To State, Police For Runaway Couples Seeking Protection
2 months, 2 weeks ago

24X7 Helpline, Decide Representation In 3 Days: Punjab & Haryana HC Issues Guidelines To State, Police For Runaway Couples Seeking Protection

Live Law  

The Punjab and Haryana High Court has issued a slew of guidelines to be followed by the State and Police when it is approached by an individual or a run away couple, alleging threat to their life and liberty. The guidelines framed by the Court are as follows: The State Government shall appoint one Nodal Officer at each District Head …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 3 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 3 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court
2 months, 3 weeks ago

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court

Live Law  

The Supreme Court stated that a complaint within the meaning and scope of the Criminal Procedure Code is a complaint filed before a Judicial Magistrate and not an Executive Magistrate. The Court also placed its reliance on Gulam Abbas v. State of U.P., 1 SCC 71 which discussed the difference between a judicial and an executive magistrate, “Thus, a complaint …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court
2 months, 3 weeks ago

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. Section 311A of CrPC provides that the Magistrate has the power to order persons to give specimen signatures or handwriting for …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints
3 months, 1 week ago

'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints

Live Law  

Flagging the rising trend of filing frivolous cases, the Punjab & Haryana High Court has said that the investigating officers are not merely postmen, who are there only to forward the complaints they receive to the Courts and to add "unnecessary pressure to the judicial system" and "ruin lives of citizens. Flagging the rising trend of filing frivolous cases, the …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 months, 1 week ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court
3 months, 3 weeks ago

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

Live Law  

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having …

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
4 months, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings
4 months, 3 weeks ago

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings

Live Law  

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC in domestic violence proceedings. The court considered a question regarding the applicability of Section 482 CrPC on proceedings under the Domestic Violence (DV) Act and concluded that Section 482 CrPC is applicable in such cases.

Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC
6 months, 2 weeks ago

Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC

Live Law  

The Karnataka High Court has said that in a complaint where the offence is punishable with a maximum sentence of three years, the limitation for filing the complaint u/s 468 of the Criminal Procedure Code, is one year from the date of occurrence of the cause of action and any complaint filed beyond that period is not maintainable. It was …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
7 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

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 …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months, 1 week ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
9 months ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
9 months ago

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. To hold thus, the Court relied upon the Judgment of the Top Court in the case of State Of Gujarat vs Girish Radhakishan Varde wherein it was …

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
9 months, 1 week ago

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

Live Law  

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. It was the case of the accused persons that the police lodged an FIR and also submitted a Police Report under Section 188 IPC, which …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
10 months ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
11 months, 1 week ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
11 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
11 months, 3 weeks ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court
1 year ago

Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court

Live Law  

The Supreme Court on Tuesday observed that police officers submitting the police report/chargesheet to the magistrate as per the State Police Manual shall abide by the particulars of Section 173 and directed the officers in charge of every police station across the country to strictly comply with the mandatory requirements of Section 173 of Cr.P.C. While deciding one of the …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court
1 year ago

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court

Live Law  

The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the policeReversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of …

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC
1 year, 1 month ago

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.For context, Section 311 of CrPC empowers Court to summon material witness, or examine person present …

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
1 year, 1 month ago

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

Live Law  

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission. The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
1 year, 1 month ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

Live Law  

The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)
1 year, 1 month ago

Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)

New Indian Express  

VIJAYAWADA : The Andhra Pradesh High Court on Monday took a serious view of the police not adhering to CrPC Sec 41 in the cases that are punishable with less than seven years imprisonment. Hearing the anticipatory bail plea of TDP MLA Eluri Sambasiava Rao, fearing arrest by police based on the complaint form mining department assistant director Balaji Naik, …

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
1 year, 1 month ago

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

Live Law  

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. During the hearing, the Additional Public Prosecutor informed the court that in the first case, the final report had been …

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
1 year, 2 months ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

Live Law  

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy
1 year, 2 months ago

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy

Live Law  

Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.Justice Deepak Gupta observed that “when even the Special investigation team constituted by the State. Observing that, …

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