The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under…
If a petitioner has disabled himself from availing himself of the statutory remedy by his own fault in not doing so within the prescribed time, he/she cannot certainly be permitted…
Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the court, normally the disciplinary authority or the appellate authority…
The last seen theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is…
Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the…
The “sterling witness” should be of a very high quality and calibre, whose version should be unable to be attacked, questioned or defeated. The court considering the version of such…
Evidence on record is to be measured for quality, not on the basis of quantity. If the testimony is of ‘sterling quality’, resting a conviction thereon would be entirely permissible.…
There is no provision in the Code or in any other statute which debars a complainant from filing a second complaint on the same allegation as in the first complaint.…
The word “complaint” has a wide meaning since it includes even an oral allegation. It may, therefore, be assumed that no form is prescribed which the complaint must take. It…
The following four courses are open to the Magistrate concerned: – 1. to accept the report and to drop the proceedings; 2. to direct further investigation to be made by…