Amish Devgan Vs Union of India and Ors on 07 Dec 2020

Posted on October 27, 2021 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 84,

84. Lastly, we would also like to clarify that Section 179 of the Criminal Code permits prosecution of cases in the court within whose local jurisdiction the offence has been committed or consequences have ensued. Section 186 of the Criminal Code relates to cases where two separate charge-sheets have been filed on the basis of separate FIRs and postulates that the prosecution would proceed where the first charge-sheet has been filed on the basis of the FIR that is first in point of time. Principle underlying section 186 can be applied at the pre-charge-sheet stage, that is, post registration of
FIR but before charge-sheet is submitted to the Magistrate. In such cases ordinarily the first FIR, that is, the FIR registered first in point of time, should be treated as the main FIR and others as statements under Section 162 of the Criminal Code. However, in exceptional cases and for good reasons, it will be open to the High Court or this Court, as the case may be, to treat the subsequently registered FIR as the principal FIR. However, this should not cause any prejudice, inconvenience or harassment to either the victims, witnesses or the person who is accused. We have clarified the aforesaid position to avoid any doubt or debate on the said aspect.

Amish Devgan Vs Union of India and Ors on 07 Dec 2020

Citations :

Other Sources :

https://indiankanoon.org/doc/179868451/

https://www.indianemployees.com/judgments/details/amish-devgan-versus-union-of-india-and-others

Krishna Lal Chawla and Ors Vs State of UP and Anr on 08 Mar 2021

Posted on March 11, 2021 by ShadesOfKnife

A division bench of Apex Court held that a second complaint/FIR against same accused person by same complaint is impermissible in law and is also violative of Article 21 of Constitution.

It is the aforementioned part of the holding in Upkar Singh that bears directly and strongly upon the present case. This Court in Upkar Singh has clearly stated that any further complaint by the same complainant against the same accused, after the case has already been registered, will be deemed to be an improvement from the original complaint. Though Upkar Singh was rendered in the context of a case involving cognizable offences, the same principle would also apply where a person gives information of a non-cognizable offence and subsequently lodges a private complaint with respect to the same offence against the same accused person. Even in a non-cognizable case, the police officer after the order of the Magistrate, is empowered to investigate the offence in the same manner as a cognizable case, except the power to arrest without a warrant. Therefore, the complainant cannot subject the accused to a double whammy of investigation by the police and inquiry before the Magistrate.

Krishna Lal Chawla and Ors Vs State of UP and Anr on 08 Mar 2021

Citations :

Other Sources :

CrPC 162 – Statements to police not to be signed: Use of statements in evidence

Posted on October 12, 2019 by ShadesOfKnife

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial
in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act.
Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Posted on October 12, 2019 by ShadesOfKnife

This is decision from Apex Court of India which held that,

“It bars the use of any statement made before a police officer in the course of an investigation under Chanter XII, whether recorded in a police diary or otherwise, but by the express terms of the Section this bar is applicable only where such statement is sought to be used at any inquiry or trial in respect of any offence under investigation at the time when such statement was made’. If the statement made before a police officer in the course of an investigation under chapter XII is sought to be used in any proceeding other than an inquiry or trial or even at an inquiry of trial but in respect of an offence other than that which was under investigation at the time when such statement was made, the bar or Section 162 would not be attracted.“

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Citations: [1981 AIR 1068], [1981 SCR (3) 145], [1981 SCC (2) 493], [1981 SCALE (1)531]

Indiankanoon.org link: https://indiankanoon.org/doc/705101/

Other orders made in this case are here.

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Posted on September 24, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh held that,

In which it is clearly stated that the police Officer has to question the victim girl, witnesses and contradict the witnesses and record the same. In the present case, the statement of the victim girl is concerned, the investigation officer stated in the charge sheet that he has contacted her and she confirmed the contents of the complaint given by the complainant. This Court is of the view that the Investigating Officer has to confirm the allegations mentioned in the complaint with the aggrieved person. This Court is of the view that the Officer, who is investigating the case, should record the statement as per the above said provisions. The first duty of the Investigating Officer is to find out the probability and truthfulness of her complaint unless otherwise the complainant’s version appraised by the Investigating Officer with the facts and circumstances of the case. Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation.

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Case Details:

Rajesh Gutta Vs State of A.P. on 1 March, 2011 (Case Details)

Citations: [2011 RCR CRIMINAL 5 452], [2011 CRLJ 3506], [2011 CRIMES 3 236], [2011 DMC 2 655], [2011 SCC ONLINE AP 562], [2011 CRI LJ 3506], [2012 E CR N 1 365]

Other Source links: https://www.casemine.com/judgement/in/5767b10ee691cb22da6d1ec2 or https://mynation.net/docs/4921-2010/

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Tag: CrPC 162 – Statements To Police Not To Be Signed – Use Of Statements In Evidence

Amish Devgan Vs Union of India and Ors on 07 Dec 2020

Krishna Lal Chawla and Ors Vs State of UP and Anr on 08 Mar 2021

CrPC 162 – Statements to police not to be signed: Use of statements in evidence

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Rajesh Gutta Vs State of A.P. on 1 March, 2011