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Tag: FIR Quash Set Aside

Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999

Posted on September 3, 2018 by ShadesOfKnife

A landmark judgment from Hon’ble Supreme Court which held that,

(1) The S.H.O. has statutory authority under Section 156 of the Criminal Procedure Code to investigate any cognizable case for which an F.I.R. is lodged.
(2) At the stage of investigation, there is no question of interference under Section 482 of the Criminal Procedure Code on the ground that the Investigating Officer has no territorial jurisdiction.
(3) After investigation is over, if the Investigating Officer arrives at the conclusion that the cause of action for lodging the F.I.R. has not arisen within his territorial jurisdiction, then he is required to submit a report accordingly under Section 170 of the Criminal Procedure Code and to forward the case to the Magistrate empowered to take cognizance of the offence.
This would be clear from the following discussion. Section 156 of the Criminal Procedure Code empowers the Police Officer to investigate any cognizable offence. It reads as under :
” 156. Police Officer’s power to investigate cognizable case : –
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under Section 190 may order such an investigation as above-mentioned.”

FIR Quash is set aside and the IO at Delhi is allowed to continue investigation.

Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999

Indiankanoon.org link: https://indiankanoon.org/doc/1841921/

Citations: [1999 (8) SCC 728], [AIR 1999 SCC (Crl) 1503]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged FIR Quash Set Aside Landmark Case Not Authentic copy hence to be replaced Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) | Leave a comment

State of Andhra Pradesh Vs Bajjoori Kanthaiah and Anr on 20 October, 2008

Posted on July 13, 2018 by ShadesOfKnife

Hon’ble Supreme Court has held that

From Para 9,

In all these cases there was either statements of witnesses or seizure of black jaggery and olum materials being used for manufacturing illicit distilled liquor which factors cannot be said to be without relevance. Whether the material already in existence or to be collected during investigation would be sufficient for holding the concerned accused persons guilty has to be considered at the time of trial. At the time of framing the charge it can be decided whether prima facie case has been made out showing commission of an offence and involvement of the charged persons. At that stage also evidence cannot be gone into meticulously. It is immaterial whether the case is based on direct or circumstantial evidence. Charge can be framed, if there are materials showing possibility about the commission of the crime as against certainty. That being so, the interference at the threshold with the F.I.R. is to be in very exceptional circumstances as held in R.P. Kapoor and Bhajan Lal cases (supra).

From Para 10,

Ultimately, the acceptability of the materials to fasten culpability on the accused persons is a matter of trial. These are not the cases where it can be said that the FIR did not disclose commission of an offence. Therefore, the High Court was not justified in quashing the FIR in the concerned cases.

 

State of Andhra Pradesh Vs Bajjoori Kanthaiah and Anr on 20 October, 2008
Posted in Supreme Court of India Judgment or Order or Notification | Tagged FIR Quash Set Aside State of Andhra Pradesh Vs Bajjoori Kanthaiah and Anr | Leave a comment

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