Madhya Pradesh High Court Issues Directions For Registration Of FIRs In Respect Of Economic Offences
3 years, 11 months ago

Madhya Pradesh High Court Issues Directions For Registration Of FIRs In Respect Of Economic Offences

Live Law  

The Madhya Pradesh High Court recently issued directions to the Police authorities in the State, to make sure that the complaints/ first information reports filed in respect of economic offences are disposed of properly. A Single Bench of Justice Vishal Dhagat observed that a Number of petitions are filed before High Court as Police does not take any decision on a complaint made by a party regarding economic offences. It has therefore ordered as follows: "Whenever a complaint is filed at police station, concerned Police Officer shall examine the complaint and if required preliminary inquiry be done to ascertain whether information reveals any cognizable offence. Investigating Officer shall either register First Information Report if complaint/information discloses cognizable offence or proceed under Section 155 of the Code of Criminal Procedure, if no cognizable offence is disclosed or if no offence is made out then complainant shall be informed that his compliant has been filed.

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History of this topic

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
1 month ago

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Live Law  

While quashing a complaint filed under Section 156 of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint. The judicial forum is not available for …

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
4 months, 2 weeks ago

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation. Thus, the High Court, aligning with the Apex Court's consistent view, dismissed the petitioners' plea for a directed investigation. Justice Ahluwalia emphasized that the accused does not possess the right to influence …

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court
4 months, 3 weeks ago

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

The Hindu  

In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a …

Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court
5 months, 1 week ago

Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence. In the 2021 case, the Supreme Court, while Referring to various decisions, including that of the Constitution …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

Registration Of FIR Mandatory If Information Discloses Cognizable Offence : Supreme Court Reiterates
1 year, 4 months ago

Registration Of FIR Mandatory If Information Discloses Cognizable Offence : Supreme Court Reiterates

Live Law  

The Supreme Court recently reinforced the obligatory nature of registering First Information Reports under Section 154 of the Code of Criminal Procedure when the police received information pertaining to a cognizable offense. The court reiterated and summarised the law laid down regarding this- Mandatory FIR Registration - the registration of an FIR is obligatory when the information received clearly discloses …

'Madhya Pradesh Police Prima Facie Incompetent': High Court Requests DGP To Impart Proper Training To Investigating Officers
2 years, 3 months ago

'Madhya Pradesh Police Prima Facie Incompetent': High Court Requests DGP To Impart Proper Training To Investigating Officers

Live Law  

The Madhya Pradesh High Court recently lamented the 'sorry state of affairs' in the MP State Police, thus requesting its Director General to ensure that proper training is imparted to their investigating officers. Dissatisfied with the investigation being carried out by a Police Officer in a case, Justice Vivek Agarwal observed- This reflects very sorry state affairs in the M.P. …

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court
2 years, 4 months ago

S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently held that Section 195 of CrPC nowhere states that that written complaint by the public officer has to be filed before the Court. The sole argument of the Applicant before the Court was that as per the provision under Section 195 CrPC, offence under Section 188 IPC can only be registered on …

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
2 years, 5 months ago

No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. The State of Karnataka LL 2021 SC 691, the Court observed …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 8 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 …

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction
2 years, 9 months ago

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Live Law  

The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case. The Applicant submitted that the Prosecutrix in her statement under Section 164 CrPC had clearly mentioned that she has studied up to 10th standard. The Court observed …

Registering Offence Of Corruption Against Public Servants Merely On Written Complaints Without Supportive Material Disastrous: Madhya Pradesh HC
2 years, 9 months ago

Registering Offence Of Corruption Against Public Servants Merely On Written Complaints Without Supportive Material Disastrous: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court recently quashed the charge-sheet and consequential proceedings in a case registered for offences under the Prevention of Corruption Act, 1988, observing that the investigating agency proceeded for prosecution based on half-baked material, and that allowing trial to proceed on the basis of the same would be an exercise in futility, inevitably resulting in the discharge …

Case Not Registered Under Proper Sections To Extend Benefits To Accused: Madhya Pradesh High Court Directs Action Against Police Officers
2 years, 9 months ago

Case Not Registered Under Proper Sections To Extend Benefits To Accused: Madhya Pradesh High Court Directs Action Against Police Officers

Live Law  

The Madhya Pradesh High Court recently directed the Superintendent of Police, District Shahdol to take appropriate action against the 'delinquent' police officers for not registering a case under proper sections, allegedly to extend the benefits to the accused. The Court, while perusing the documents on record, had posed a question to the State, vide order dated 14.02.2022- Counsel for the …

Madhya Pradesh High Court To Resume Physical Hearing From Next Week
2 years, 10 months ago

Madhya Pradesh High Court To Resume Physical Hearing From Next Week

Live Law  

Considering the sliding intensity of COVID-19 in the state, the High Court of Madhya Pradesh has decided to resume with physical hearing from 14.02.2022. In pursuance to the resolution of the Special Committee of the High Court of Madhya Pradesh, the Court has issued the Standard Operating Procedure, which shall be applicable to the Principal Seat at Jabalpur and also …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
2 years, 10 months ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Public Prosecutors Under Duty To Read Correct Allegations As Case Diary Isn't Available During VC Bail Hearings: MP High Court
2 years, 10 months ago

Public Prosecutors Under Duty To Read Correct Allegations As Case Diary Isn't Available During VC Bail Hearings: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that during the video conference hearings in bail pleas, since the Courts have no access to case diaries, therefore, the duty heavily lies on the Public Prosecutor to read out the correct allegations against the accused/applicant.The Bench of Justice G. S. Ahluwalia was hearing the bail pleas filed by the applicants apprehending their …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 10 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court
3 years, 11 months ago

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in registering the FIR for offence under Section 188 of the IPC and the bar under Section 195 comes into operation at the stage of taking cognizance. in respect of registration of FIR, therefore, FIR for an offence under Section 188 …

[Political Gatherings Amid COVID] Proceed As Per 'Lalita Kumari' Judgment And Register FIR Against Defaulting Persons: MP HC To State Authorities [Read Order]
4 years, 2 months ago

[Political Gatherings Amid COVID] Proceed As Per 'Lalita Kumari' Judgment And Register FIR Against Defaulting Persons: MP HC To State Authorities [Read Order]

Live Law  

While taking into account the information received by the reports of Amicus Curiae and contents of I.A. 6084/2020 pointing out the following, "After passing of interim order on 3/10/2020 by the court, congregation of a large number of people ranging from 300 to 500 took place on 3/10/2020 at Baghel Chhatrawas Naka Chandrawani Road, Lashkar, Gwalior organized by Shri Munnalal …

An Introduction To FIR
4 years, 4 months ago

An Introduction To FIR

Live Law  

If you've been brought up in India, you'd know one term which has been most loosely used is F.I.R. Subsequent to which if the Superintendent is satisfied that the information suggests commission of a cognizable offence, he shall investigate the matter or himself or direct any subordinate police officer to do so. The informant may approach the Magistrate's Court having …

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