web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Keshav Lal Thakur Vs State of Bihar

Keshav Lal Thakur Vs State of Bihar on 11 October 1996

Posted on February 23, 2020 by ShadesOfKnife

Supreme Court held that any offence under section 31 of Representation of People Act, 1950 is a Non-cognizable offence and hence direct registration of FIR is not maintainable.

We need not go into the question whether in the facts of the instant case the above view of the High Court is proper or not for the impugned  proceeding has got to be quashed as neither the police was entitled to investigate into the offence in question nor the Chief Judicial Magistrate to take cognizance upon the report submitted on completion of such investigation. On the own showing of the police, the offence under Section 31 of the Act is non cognizable and therefore the police could not have registered a case for such an offence under Section 154 Cr.P.C. of course, the police is  entitled to investigate into a non-cognizable offence pursuant to an order of a competent Magistrate under Section 155 (2) Cr.P.C. but, admittedly, no such order was passed in the instant case. That necessarily means, that neither the police could investigate into the offence in question nor submit a report on which the question of taking cognizance could have arisen. While on this point, it may be mentioned that in view of the proviso to Section 2 (d) Cr.P.C., which defines ’complaint’, the police is entitled to submit, after investigation, a report a relating to a non-cognizable offence in which case such a report is to be treated as a ’complaint’ of the police officer concerned, but that explanation will not be available to the prosecution here as that related to a case where the police initiates investigation into a cognizable offence – unlike the present one – but ultimately finds that only a non-cognizable offence has been made out.

Keshav Lal Thakur Vs State of Bihar on 11 October 1996

Citations: [1996 AD SC 7 838], [1997 ALD CRI 1 123], [1997 ALT CRI 1 439], [1996 CRIMES SC 4 121], [1996 SCALE 7 598], [1996 SCC 11 557], [1996 SUPP SCR 7 578], [1996 CCR 4 205], [1996 ACJ 2 694], [1996 JT 616], [1996 SUPREME 7 608], [1997 SUPREME 1 150]

Other Source links: https://indiankanoon.org/doc/1892533/ or https://www.casemine.com/judgement/in/5609acdee4b014971140fe1f


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Keshav Lal Thakur Vs State of Bihar Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Representation of People Act 1950 - Sec 31 - Making false declarations | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Anil Kumar Talan Vs on State (Govt of NCT of Delhi) on 12 Jul 2022 August 16, 2022
  • CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022 August 15, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,208 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,890 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,435 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,140 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,120 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,080 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (980 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (968 views)
  • Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022 (753 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (681 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (305)Landmark Case (300)2-Judge (Division) Bench Decision (232)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (611)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (7)
  • July 2022 (21)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Workers Wrangler Issues August 20, 2022
    Aug 20, 02:56 UTCResolved - This incident has been resolved.Aug 19, 18:14 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 19, 15:21 UTCInvestigating - Cloudflare customers may experience timeouts when using wrangler dev to debug their Workers. This issue does not affect Workers that are deployed. As a workaround you […]
  • Workers Update Delays and Cloudflare Pages Deployment Delays August 18, 2022
    Aug 18, 07:00 UTCResolved - This incident has been resolved.Aug 18, 06:56 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 18, 06:43 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 18, 05:55 UTCInvestigating - Cloudflare is experiencing delays in updating Workers on the edge and […]
  • Magic Transit Tunnel issues. August 17, 2022
    Aug 17, 18:53 UTCResolved - This incident has been resolved.Aug 17, 18:35 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 17, 18:15 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 17, 18:09 UTCInvestigating - No tunnel failover for Magic customers and Tunnel health check status […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.18.100.236 | SD August 19, 2022
    Event: Bad Event | Total: 15,399 | First: 2018-07-18 | Last: 2022-08-19
  • 60.20.103.11 | S August 19, 2022
    Event: Bad Event | Total: 2 | First: 2008-03-10 | Last: 2022-08-19
  • 103.40.125.228 | SD August 19, 2022
    Event: Bad Event | Total: 291 | First: 2017-03-06 | Last: 2022-08-19
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 772 access attempts in the last 7 days.

pixel