judgement

74
Chapter XII Cr.P.C. Chapter XII Cr.P.C. Sections 154 to 173 Sections 154 to 173 Presented by : Presented by : M.L.PANDIA M.L.PANDIA Advocate – RAJASTHAN High Advocate – RAJASTHAN High Court Court JODHPUR JODHPUR E-mail: [email protected] E-mail: [email protected] Mobile: 9049142729 Mobile: 9049142729

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Page 1: Judgement

Chapter XII Cr.P.C. Chapter XII Cr.P.C.

Sections 154 to 173Sections 154 to 173

Presented by : Presented by :

M.L.PANDIAM.L.PANDIAAdvocate – RAJASTHAN High CourtAdvocate – RAJASTHAN High Court

JODHPUR JODHPUR E-mail: [email protected]: [email protected]

Mobile: 9049142729 Mobile: 9049142729

Page 2: Judgement

Criminal Justice System

Police1. Cr.P.C.2. I.P.C.

3. Evidence Act4. BP Act -1956

Advocates Prosecution

& Defense Lawyers

Judiciary -- -- --

Scrutinizesall acts done

By police

Page 3: Judgement

First Information Report First Information Report Section 154 Cr. P.CSection 154 Cr. P.C

The Criminal law is set in motion by way of filing The Criminal law is set in motion by way of filing an FIR before the SHO at the police station. an FIR before the SHO at the police station.

Moment FIR is lodged, the police derive unfettered Moment FIR is lodged, the police derive unfettered powers. powers.

The police are duty bound to register an offence The police are duty bound to register an offence upon the disclosure of a cognizable offence upon the disclosure of a cognizable offence

However, a discretion lies with the police whether However, a discretion lies with the police whether to arrest the accused or notto arrest the accused or not

Page 4: Judgement

What FIR must contain ?What FIR must contain ?

FIR must disclose complete name of the FIR must disclose complete name of the complainant / age / back ground both complainant / age / back ground both current & permanent address of the current & permanent address of the complainant. complainant.

This is useful to trace those temporarily This is useful to trace those temporarily staying persons, when the matter comes staying persons, when the matter comes up for the hearing after couple of years, up for the hearing after couple of years, which could be anywhere from 5 to 8 in which could be anywhere from 5 to 8 in India. India.

Page 5: Judgement

Reason of complainant’s presence Reason of complainant’s presence at the scene of offence at the scene of offence

Here complainant is supposed to mention Here complainant is supposed to mention how he was present there when the incident how he was present there when the incident took place, like at market, Rly. &/or ST took place, like at market, Rly. &/or ST Stand/Stop, school, theatre, office, home, Stand/Stop, school, theatre, office, home, etc.etc.

If stated in FIR, then advocate for accused If stated in FIR, then advocate for accused does not get chance to deny the presence of does not get chance to deny the presence of accused at the spot accused at the spot

Page 6: Judgement

Complainant – Victim Complainant – Victim or mere witness or mere witness

This must be disclosed in FIR This must be disclosed in FIR If Victim – of physical violence or If Victim – of physical violence or

of paper crime like cheating of paper crime like cheating

or criminal breach of trust or criminal breach of trust If witness – how came to know aboutIf witness – how came to know about

offence, through whom, how and in offence, through whom, how and in what manner he is affected. what manner he is affected.

Page 7: Judgement

Place / Scene of offence in FIR Place / Scene of offence in FIR

Precise place (scene) of offence which can Precise place (scene) of offence which can be described by directions N-S & E-Wbe described by directions N-S & E-W

Distances are very important to mention, Distances are very important to mention, may approx. in terms of feet. Try to avoid may approx. in terms of feet. Try to avoid using meters, which is not easy to follow.using meters, which is not easy to follow.

These distances must tally with spot These distances must tally with spot panchama panchama

Page 8: Judgement

Timing of the incident Timing of the incident

SHO must try get a perfect timing of the SHO must try get a perfect timing of the incident from the complainantincident from the complainant

If done, then Accused would not get an If done, then Accused would not get an opportunity to claim an ‘alibi’ opportunity to claim an ‘alibi’

A difference of 15-20 minutes is okA difference of 15-20 minutes is ok But of 30-45 minutes might create a doubt But of 30-45 minutes might create a doubt

about the incident about the incident

Page 9: Judgement

Motive (Intention =Motive (Intention = Mens rea) Mens rea)

Only two types of people can do an offenceOnly two types of people can do an offence Either a mad man (Section 100 CRPC)Either a mad man (Section 100 CRPC) Of sane (okay man), who develops some Of sane (okay man), who develops some

intention / motive for commission of crime. intention / motive for commission of crime. Previous enmity or revenge Previous enmity or revenge Greed for money motive could be motive Greed for money motive could be motive

Page 10: Judgement

Description of accused Description of accused

If accused known to complainant, then no If accused known to complainant, then no difficulty. difficulty.

If unknown, then his height, built, colour If unknown, then his height, built, colour complexion, hair style, teeth, moustache, complexion, hair style, teeth, moustache, clothing, shirt – full or half, trousers, clothing, shirt – full or half, trousers, chappals, shoes, etc. are of help if quoted in chappals, shoes, etc. are of help if quoted in FIR, during the course of identification , if FIR, during the course of identification , if such person is luckily caught immediately such person is luckily caught immediately after the offence after the offence

Page 11: Judgement

Manner of commission of crime Manner of commission of crime

The manner / mode in which the crime was The manner / mode in which the crime was committed. committed.

What weapons, instruments, articles were used, What weapons, instruments, articles were used, If more than one accused is involved, then the If more than one accused is involved, then the

role or part played by each of the accused must role or part played by each of the accused must be stated in FIR.be stated in FIR.

This helps in case of Recovery Panchanama This helps in case of Recovery Panchanama done U/s. 27 of Evidence Act.done U/s. 27 of Evidence Act.

Page 12: Judgement

Contact details of witnesses Contact details of witnesses

It is desirable to get all the contact details of It is desirable to get all the contact details of the witnesses, with their full names, detailed the witnesses, with their full names, detailed addresses, etc. at the time of lodging of FIR addresses, etc. at the time of lodging of FIR itself, itself,

If this is done, then accused advocate does If this is done, then accused advocate does not get an opportunity to put suggestion of not get an opportunity to put suggestion of the fabrication of witnesses and hence the fabrication of witnesses and hence evidence evidence

Page 13: Judgement

Articles taken away from sceneArticles taken away from scene

Very vital point in case of theft, robbery Very vital point in case of theft, robbery and / or dacoityand / or dacoity

If stated in FIR itself, then it helps the If stated in FIR itself, then it helps the Complainant in his application for ‘Return of Complainant in his application for ‘Return of Property’ u/s. 457 of Cr.P.CProperty’ u/s. 457 of Cr.P.C

If not properly stated, JMFC might refuse to If not properly stated, JMFC might refuse to give the custody of those article pending give the custody of those article pending trial.trial.

Page 14: Judgement

Traces left behind by accused Traces left behind by accused

If the articles like weapons used in crime If the articles like weapons used in crime are left behind are left behind

Or like footwear, foot prints, handkerchief, Or like footwear, foot prints, handkerchief, wallet, etc. are left behind then must be wallet, etc. are left behind then must be stated in FIRstated in FIR

Finger prints or marks or traces of hairs of Finger prints or marks or traces of hairs of accused might help to establish role of accused might help to establish role of accused in crimeaccused in crime

Page 15: Judgement

Memo must in case of injured Memo must in case of injured

Many SHOs are hesitant to issue memo to enable Many SHOs are hesitant to issue memo to enable the accused to take the medical treatment.the accused to take the medical treatment.

The freshness of injury is very vital in medical The freshness of injury is very vital in medical examination.examination.

If memo delayed, then it is detrimental to the If memo delayed, then it is detrimental to the Complainant & also might enable the accused Complainant & also might enable the accused adv. to suggest ‘self inflicted wound theory, to the adv. to suggest ‘self inflicted wound theory, to the complaint during his cross examination.complaint during his cross examination.

Page 16: Judgement

Intimating information to police Intimating information to police

This is a very vital point.This is a very vital point. Intimation can be given by personally Intimation can be given by personally

visiting Pstn. and by orally or in writing.visiting Pstn. and by orally or in writing. If telephonically, then SHO must make a If telephonically, then SHO must make a

note of it in Stn. Diary.note of it in Stn. Diary. This teleinfo must be re-mentioned when a This teleinfo must be re-mentioned when a

detailed statement of complainant is taken detailed statement of complainant is taken when comes to Police station. when comes to Police station.

Page 17: Judgement

When was the information wasWhen was the information wasgiven to police ?given to police ?

The time of intimating the information to the The time of intimating the information to the police is very vital.police is very vital.

If there is delay, then SHO must find out If there is delay, then SHO must find out from Complainant, the ‘reason for delayed from Complainant, the ‘reason for delayed reporting’.reporting’.

Column No. 8 of printed FIR format must be Column No. 8 of printed FIR format must be filled up with the ‘reason for delayfilled up with the ‘reason for delay

Page 18: Judgement

When delay can take place ?When delay can take place ?

In case of evening or late night offences.In case of evening or late night offences. Non availability of transportation like auto, Non availability of transportation like auto,

bus, etc. bus, etc. Lack of safety in going out at nightLack of safety in going out at night Discussion with elders in family in case of Discussion with elders in family in case of

offence us. 354, 376, 509 of IPC.offence us. 354, 376, 509 of IPC. Such delays are ‘understandable’. Such delays are ‘understandable’.

Page 19: Judgement

Re-writing statement of Re-writing statement of Complainant in Complainant in KhabariKhabari Book Book

Complaint (Complaint (JababJabab) of complainant must be ) of complainant must be promptly reduced in writing in printed book. promptly reduced in writing in printed book.

Column No. 8 of ‘Delay’ should be filled Column No. 8 of ‘Delay’ should be filled up, without fail, if FIR is delayed for the up, without fail, if FIR is delayed for the reasons disclosed by the party.reasons disclosed by the party.

No variation in No variation in JababJabab & statement reduced & statement reduced inin Khabri Khabri book book

Page 20: Judgement

Mentioning of FIR in Stn.DiaryMentioning of FIR in Stn.Diary

The synopsis of the complainant must be The synopsis of the complainant must be reduced in ‘Station Diary’ very promptlyreduced in ‘Station Diary’ very promptly

Together with C.R. No. Part I, II, etc.Together with C.R. No. Part I, II, etc. Sections & the law like IPC, B.P. Act, etc.Sections & the law like IPC, B.P. Act, etc. Name of the person reducing this info in Name of the person reducing this info in

Station Diary must be mentioned Station Diary must be mentioned

Page 21: Judgement

Reading over of FIR contentsReading over of FIR contents

If the FIR contents are read over to the If the FIR contents are read over to the informant in the language, which is known informant in the language, which is known to him. to him.

Such reading must be mentioned in the Such reading must be mentioned in the concluding para of the FIR.concluding para of the FIR.

If complainant is non-Marathi, then a note If complainant is non-Marathi, then a note of meaning of FIR in Hindi or English is of meaning of FIR in Hindi or English is desirable in conclusion.desirable in conclusion.

Page 22: Judgement

Copy of Complaint Copy of Complaint

Copy of the FIR be given to the Copy of the FIR be given to the complainant immediately (free of cost).complainant immediately (free of cost).

His acknowledgement must be taken on His acknowledgement must be taken on KhabariKhabari Book copy Book copy

Date & Timing must be quoted while giving Date & Timing must be quoted while giving him the copy.him the copy.

Page 23: Judgement

Dispatching the copy to JMFCDispatching the copy to JMFC

Any delay in dispatching the copy of FIR Any delay in dispatching the copy of FIR copy JMFC is bad for prosecution.copy JMFC is bad for prosecution.

It helps the accused to put up a theory, It helps the accused to put up a theory, that FIR was noted much later and only that FIR was noted much later and only crime number was reserve red/ registered / crime number was reserve red/ registered / taken.taken.

Such copies should not be sent on Such copies should not be sent on holidays, before holiday JMFCholidays, before holiday JMFC

Page 24: Judgement

When FIR can be refused ?When FIR can be refused ?

Only when the offence disclosed is purely of ‘Non-Only when the offence disclosed is purely of ‘Non-cognizable’ nature.cognizable’ nature.

Dispute is purely of civil nature.Dispute is purely of civil nature. Offence has not yet taken place. Offence has not yet taken place. Preparation to commit an offence as contemplated Preparation to commit an offence as contemplated

U/s. 511 of IPC is a crime, according to nature of U/s. 511 of IPC is a crime, according to nature of intended crime, cognizable or NC.intended crime, cognizable or NC.

Refusal U/s. 157(1) of Cr.P.C. Refusal U/s. 157(1) of Cr.P.C.

Page 25: Judgement

Offences Under MOFA - 1963Offences Under MOFA - 1963

Police normally do not register an offence against Police normally do not register an offence against Promoter, who commits a ‘breach of an Promoter, who commits a ‘breach of an agreement’.agreement’.

FIR can very well be taken against Promoter U/s. FIR can very well be taken against Promoter U/s. 13 of MOFA – 1963, when : 13 of MOFA – 1963, when :

(i) he fails to comply with Section 3, 4, 10 & 11 of (i) he fails to comply with Section 3, 4, 10 & 11 of Act (3 Years imprisonment, fine or both Act (3 Years imprisonment, fine or both

(ii) criminal breach of trust of any amount (ii) criminal breach of trust of any amount advanced or deposited with him then Sec. 5, advanced or deposited with him then Sec. 5, which warrants 5 yrs. Punishment. which warrants 5 yrs. Punishment.

contd …. 2/-contd …. 2/-

Page 26: Judgement

MOFA – 1963 (Page 2)MOFA – 1963 (Page 2)

(iii) contravention of any other provision of (iii) contravention of any other provision of this law, where no punishment is otherwise this law, where no punishment is otherwise prescribed, then punishment is of 1 year. prescribed, then punishment is of 1 year.

This will be an NC.This will be an NC.

Page 27: Judgement

Credibility of a complaintCredibility of a complaint

Credibility of information is not the condition Credibility of information is not the condition precedent for registration of the FIR.precedent for registration of the FIR.

SHO is not supposed to scrutinize the complaint SHO is not supposed to scrutinize the complaint before recording itbefore recording it

Disclosure of a cognizable offence is a condition Disclosure of a cognizable offence is a condition precedent.precedent.

No where in Cr.P.C. ‘an application enquiry’ No where in Cr.P.C. ‘an application enquiry’ is contemplated, but it is practice since the is contemplated, but it is practice since the beginningbeginning..

Page 28: Judgement

FIR – Neither too short, FIR – Neither too short, nor too long nor too long

FIR can not be too vague or shortFIR can not be too vague or short It should not be too exhaustive also.It should not be too exhaustive also. It should disclose a commission of a It should disclose a commission of a

cognizable crime, by some one against cognizable crime, by some one against someone, for some purpose motive, with or someone, for some purpose motive, with or without / any objective in mind .without / any objective in mind .

Page 29: Judgement

Options before Complaint, if you do Options before Complaint, if you do not taken down his / her FIR not taken down his / her FIR

He/She can file a private compliantHe/She can file a private compliant Then JMFC, can order any of the following : Then JMFC, can order any of the following :

-- (i) An enquiry u/s. 202 of Cr.P.C.(i) An enquiry u/s. 202 of Cr.P.C. (ii) Can himself enquire into matter,(ii) Can himself enquire into matter, (iii) can direct PI I/c. to taken down an FIR (iii) can direct PI I/c. to taken down an FIR

U/s. 156 (3) of Cr.P.C.U/s. 156 (3) of Cr.P.C. (iv) can take the cognizance by himself(iv) can take the cognizance by himself

Page 30: Judgement

What JMFC can do when you file What JMFC can do when you file charge sheet charge sheet

Duty on PI I/c. to intimate the complainant, Duty on PI I/c. to intimate the complainant, about filing or even non filing of a charge about filing or even non filing of a charge sheet in court sheet in court

When charge sheet is filed : -When charge sheet is filed : - (a) JMFC can take cognizance i.e. ‘Issue (a) JMFC can take cognizance i.e. ‘Issue

Process’ against all accused,Process’ against all accused, (b) or against some accused,(b) or against some accused, (c) can add more persons as accused (c) can add more persons as accused

during the trial, if their role comes on record.during the trial, if their role comes on record.

Page 31: Judgement

JMFC not bound to accept JMFC not bound to accept the charge sheet the charge sheet

U/s. 173 of Cr.P.C. JMFC, can refuse to U/s. 173 of Cr.P.C. JMFC, can refuse to ‘Issue process’ i.e. to take the cognizance.‘Issue process’ i.e. to take the cognizance.

Similarly, when 202 report is submitted to Similarly, when 202 report is submitted to him, he can take the cognizance of the him, he can take the cognizance of the matter, even if the report d is negative, i.e. matter, even if the report d is negative, i.e. not disclosing a commission of any crime. not disclosing a commission of any crime.

Such report not binding on JMFC.Such report not binding on JMFC.

Page 32: Judgement

Duties of PI I/c. before sending a Duties of PI I/c. before sending a charge sheet in courtcharge sheet in court

PI I/c. signs a charge sheet PI I/c. signs a charge sheet (Dakhal Pahun (Dakhal Pahun ravana) ravana) in those matters, which have been in those matters, which have been investigated by his subordinate officers.investigated by his subordinate officers.

He can refuse to sign an charge sheet , if he He can refuse to sign an charge sheet , if he feels that the evidence is not sufficient to feels that the evidence is not sufficient to come to know about the involvement of come to know about the involvement of accused in commission of crime. accused in commission of crime.

Page 33: Judgement

What court orderly must do ? What court orderly must do ?

When he submits the copy of FIR to When he submits the copy of FIR to Assistant Supdt. (Assistant Supdt. (BhausahebBhausaheb), he must ), he must obtain his signature with a date and timing, obtain his signature with a date and timing, etc. etc.

He should be encouraged to put up his He should be encouraged to put up his rubber stamp if available.rubber stamp if available.

Such precaution saves police from lots of Such precaution saves police from lots of subsequent embracement subsequent embracement

Page 34: Judgement

What law presumes about “Issue What law presumes about “Issue Process” order of JMFCProcess” order of JMFC

Law presumes, that when JMFC issues Law presumes, that when JMFC issues process i.e. summons u/s. … of any Act, process i.e. summons u/s. … of any Act, then it is presumed that he has read the then it is presumed that he has read the entire charge sheet and papers annexed to entire charge sheet and papers annexed to it and he is satisfied about the involvement it and he is satisfied about the involvement of accused in crime of accused in crime

Evidence sufficient to secure their Evidence sufficient to secure their conviction.conviction.

Page 35: Judgement

Which police & court actions can be Which police & court actions can be challenged in HC U/s. 482 of Cr.P.C.challenged in HC U/s. 482 of Cr.P.C.

(i) Station Diary entry made by SHO(i) Station Diary entry made by SHO (ii) Lodging of an FIR(ii) Lodging of an FIR (iii) Investigation of crime(iii) Investigation of crime (iv) Filing of a charge sheet(iv) Filing of a charge sheet (v) Issue Process / summons order (v) Issue Process / summons order passed by JMFC.passed by JMFC.• (vi) Framing of a charge(vi) Framing of a charge• (vii) Hearing of criminal case. (vii) Hearing of criminal case.

Page 36: Judgement

How police machinery is misused in civil matters !How police machinery is misused in civil matters !

Family in Rabodi, Thane has Mother who Family in Rabodi, Thane has Mother who has 3 sons (S1, S2 & S3)has 3 sons (S1, S2 & S3)

On 28.05.1989 S3 marries On 28.05.1989 S3 marries Dispute starts over the partition of their Dispute starts over the partition of their

Jalgaon propertyJalgaon property Fight intensifies between M-S1-S2 with S3 & Fight intensifies between M-S1-S2 with S3 &

his new wife.his new wife. On 25.06.1989On 25.06.1989 S3 & wife quits home and S3 & wife quits home and

stays separately from the family.stays separately from the family.

Page 37: Judgement

Page 2 Page 2

From 25.06.1989 till Mid – 1997 S3 & his wife has From 25.06.1989 till Mid – 1997 S3 & his wife has no contact with mother & two sons.no contact with mother & two sons.

In Mid 97 she makes an application to Dy.CM In Mid 97 she makes an application to Dy.CM about alleged ill-treatment without writing to local about alleged ill-treatment without writing to local Pstn. PI, ACP, DCP, Addl. CP, Jt.CP., CP & / or Pstn. PI, ACP, DCP, Addl. CP, Jt.CP., CP & / or DG.DG.

Dy.CM. writes to CP ‘Look into matter’, which Dy.CM. writes to CP ‘Look into matter’, which ends up with P Stn. PI.ends up with P Stn. PI.

PI asks SHO to take an FIR u/s. 498-A against PI asks SHO to take an FIR u/s. 498-A against mother in law & two brother in laws.mother in law & two brother in laws.

Page 38: Judgement

Page : 3Page : 3

Hence offence registered in 1997 & after Hence offence registered in 1997 & after investigation charge sheet is filed.investigation charge sheet is filed.

Matter comes for the hearing in 1999 for hearing Matter comes for the hearing in 1999 for hearing and trial court JMFC acquits, mother in law & two and trial court JMFC acquits, mother in law & two brother in laws of the complainants.brother in laws of the complainants.

Since then complainant lady starts making Since then complainant lady starts making allegations against local police about their soft allegations against local police about their soft corner to opp. party and alleges of making a weak corner to opp. party and alleges of making a weak charge sheet and therefore the accused were charge sheet and therefore the accused were acquitted in her case.acquitted in her case.

Page 39: Judgement

Page 4Page 4

In 1999, she writes to DGMS & Dy.CM In 1999, she writes to DGMS & Dy.CM threatening that she would commit a suicide threatening that she would commit a suicide in front of DG office and / or Mantralaya by in front of DG office and / or Mantralaya by call all media to see it.call all media to see it.

She sends 20 odd letters out of which in She sends 20 odd letters out of which in dozen letters her suicide threat is reflected.dozen letters her suicide threat is reflected.

All applications are re-routed to local PI for All applications are re-routed to local PI for necessary enquiries and actions. necessary enquiries and actions.

Page 40: Judgement

Page : 5 Page : 5

On Saturday, 02.04.2001 an HM incident On Saturday, 02.04.2001 an HM incident takes place at Rabodi, persons from both takes place at Rabodi, persons from both sides arrested and kept in lock up.sides arrested and kept in lock up.

On this day one officer takes a charge of PI On this day one officer takes a charge of PI Admn. at Thane Nagar Police Stn. Admn. at Thane Nagar Police Stn.

He acquaints with the job & leaves the Pstn. He acquaints with the job & leaves the Pstn. Around 11 PM. Around 11 PM.

Page 41: Judgement

Page : 6 Page : 6

On Sunday 03.04.2001 same lady along with her husband On Sunday 03.04.2001 same lady along with her husband & two daughters comes near Thane Ngr. Pstn.& two daughters comes near Thane Ngr. Pstn.

She pours a kerosene on her husband and kids and also She pours a kerosene on her husband and kids and also on her person and then tries to take out a match stick to on her person and then tries to take out a match stick to set them on fire. set them on fire.

An alert female WPC senses the problem and hits her An alert female WPC senses the problem and hits her hand so the match stick is not lit uphand so the match stick is not lit up

A commotion takes places.A commotion takes places. One PSI, who was SHO, is informed by WPC about the One PSI, who was SHO, is informed by WPC about the

incident.incident.

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Page 7 Page 7

PSI-SHO makes a SDE and hands over a PSI-SHO makes a SDE and hands over a charge temporarily to some one and himself charge temporarily to some one and himself comes out of PStn. to find out what has comes out of PStn. to find out what has happened. happened.

PSI himself lodges an FIR against her U/s. PSI himself lodges an FIR against her U/s. 307 of IPC for attempting to set her husband 307 of IPC for attempting to set her husband & kids on fire & also u/s. 309 IPC (suicide & kids on fire & also u/s. 309 IPC (suicide attempt)attempt)

All are taken into custody.All are taken into custody.

Page 43: Judgement

Page 8 Page 8

PI I/c. & ACP physically present since 9 AM in PI I/c. & ACP physically present since 9 AM in Thane Court premises for Thane Court premises for bandobast, bandobast, HM riots HM riots accused of earlier day were to be brought. accused of earlier day were to be brought.

Necessary SDE entries are there.Necessary SDE entries are there. This lady & her husband produced before the This lady & her husband produced before the

holiday JMFC & no remand sought since all holiday JMFC & no remand sought since all articles like kerosene can, match box, earth articles like kerosene can, match box, earth sample, etc. was collected from scene of offence. sample, etc. was collected from scene of offence.

Kids sent to Bhiwandi Remand Home.Kids sent to Bhiwandi Remand Home.

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Page 9 Page 9

JMFC grants JC, husband sent to Thane JMFC grants JC, husband sent to Thane Jail & She is sent to Adharwadi, Kalyan jail.Jail & She is sent to Adharwadi, Kalyan jail.

Investigation progresses and charge sheet Investigation progresses and charge sheet is filed.is filed.

Trial completed in Sessions Court by 2004 Trial completed in Sessions Court by 2004 end. end.

She & her husband acquitted. She & her husband acquitted.

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Page 10Page 10

State prefers an appeal against acquittal in State prefers an appeal against acquittal in HC, but it is rejected. HC, but it is rejected.

She then files a private complaint before She then files a private complaint before CJM, Thane seeking prosecution of PSI CJM, Thane seeking prosecution of PSI (Complainant) & PI (Admn.) who was an IO, (Complainant) & PI (Admn.) who was an IO, for falsely implicating her. for falsely implicating her.

CJM dismisses her complaint for want of CJM dismisses her complaint for want of prosecution sanction U/s.197 of CR.P.C.prosecution sanction U/s.197 of CR.P.C.

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Page 11Page 11

She files a criminal revision in Sessions She files a criminal revision in Sessions court Thane against CJM order.court Thane against CJM order.

Sessions Judge, asks her lawyer to check Sessions Judge, asks her lawyer to check her & her husbands 313 statements in the her & her husbands 313 statements in the Sessions trial in which both were accused in Sessions trial in which both were accused in which she and her husband were acquitted. which she and her husband were acquitted.

Page 47: Judgement

Page 12Page 12

Judge asks lawyer to find out whether she & Judge asks lawyer to find out whether she & husband has stated in her 313 statement husband has stated in her 313 statement that “PSI lodged an FIR even though there that “PSI lodged an FIR even though there was no such incident & IO has done an was no such incident & IO has done an investigation of a crime, about which he was investigation of a crime, about which he was knowing that no such incident had taken knowing that no such incident had taken place at all. place at all.

No such allegation against police in their No such allegation against police in their 313 statements. 313 statements.

Page 48: Judgement

Page 12 Page 12

Judge asks why did not say so in her 313 Judge asks why did not say so in her 313 statement ? No explanation was given about statement ? No explanation was given about it. it.

Judge also upholds CJM order and Cri. Judge also upholds CJM order and Cri. Revision also dismissed.Revision also dismissed.

She does not keep quiet and finally She does not keep quiet and finally approaches HC in 2005 seeking a CID approaches HC in 2005 seeking a CID enquiry about the conduct of all officers, by enquiry about the conduct of all officers, by way of filing a WP.way of filing a WP.

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Page 13Page 13

She makes PI I/c. Respondent No.1, ACP – She makes PI I/c. Respondent No.1, ACP – Respondent No. 2 & DCP Zone I, Respondent No. 2 & DCP Zone I, Respondent No. 3, PI – I/O. Respondent Respondent No. 3, PI – I/O. Respondent NO. 4 & PSI – Complainant as Respondent NO. 4 & PSI – Complainant as Respondent No.5.No.5.

She makes a fresh allegation against ACP, She makes a fresh allegation against ACP, that on 03.04.2001, she had gone to Pstn. that on 03.04.2001, she had gone to Pstn. for application enquiry after she was for application enquiry after she was intimated by police.intimated by police.

Page 50: Judgement

Page 14 Page 14

She admits her presence on 03.04.01 at TN She admits her presence on 03.04.01 at TN Pstn. Pstn.

She alleges that ACP asked one WPC to She alleges that ACP asked one WPC to take out gold ornaments worth Rs. 22,000/- take out gold ornaments worth Rs. 22,000/- which were on her person.which were on her person.

She also alleges that DCP slapped her in She also alleges that DCP slapped her in presence of all. presence of all.

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Page 15 Page 15

HC Division Bench asks, why she did not HC Division Bench asks, why she did not made ACP & DCP as accused in her private made ACP & DCP as accused in her private compliant, when the allegations them are compliant, when the allegations them are about an incident of 03.04.2001. about an incident of 03.04.2001.

Her lawyer could not answer. Her lawyer could not answer. Judges ask whether she had made any Judges ask whether she had made any

compliant about ACP & DCP till this date compliant about ACP & DCP till this date against any one. against any one.

Reply is ‘No’. Reply is ‘No’.

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Page 16Page 16

Judges ask about explanation for not doing Judges ask about explanation for not doing so, which she could not give. so, which she could not give.

Any attempt to file an FIR against ACP & Any attempt to file an FIR against ACP & DCP at police stn. Level. ‘No’.DCP at police stn. Level. ‘No’.

Why they were not made party to private Why they were not made party to private complaint along with PSI & PI. No complaint along with PSI & PI. No explanation. explanation.

Judges tell indirectly, you either withdraw or Judges tell indirectly, you either withdraw or they will pass an appropriate order. they will pass an appropriate order.

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Page 17 Page 17

No ‘prosecution sanction’ was necessary No ‘prosecution sanction’ was necessary against ACP & DCP in private compliant, against ACP & DCP in private compliant, because their alleged acts do not come because their alleged acts do not come under ‘Police duties’ as per Bombay Police under ‘Police duties’ as per Bombay Police Act. Act.

She finally withdraws the writ petition before She finally withdraws the writ petition before HC, to avoid allegations.HC, to avoid allegations.

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Page 18Page 18

If her grievance against ACP & DCP and If her grievance against ACP & DCP and also against PSI & PI Admn. were genuine, also against PSI & PI Admn. were genuine, then she could have lodged a complaint then she could have lodged a complaint orally or in writing at Thane Nagar Pstn. orally or in writing at Thane Nagar Pstn.

Or by sending it by RPAD to PI I/c.Or by sending it by RPAD to PI I/c. Or by directly making an application to CP Or by directly making an application to CP

Thane. Thane. No such steps were taken by her.No such steps were taken by her.

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Page 19Page 19

From 1999 to 2005, 5 PIs and their subordinates From 1999 to 2005, 5 PIs and their subordinates lost several hundreds of man hours (time), energy, lost several hundreds of man hours (time), energy, money and suffered headache over her false money and suffered headache over her false applications to the higher ups in police. applications to the higher ups in police.

What IO missed to do was to include her dozen What IO missed to do was to include her dozen odd letters in which she had mentioned about odd letters in which she had mentioned about ‘suicide threats’ in her own hand writing with a ‘suicide threats’ in her own hand writing with a signature sent from 1999 to 2001.signature sent from 1999 to 2001.

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Page 20.Page 20.

If these letters, which had become part of If these letters, which had become part of Thane Nagar Pstn. Record could have been Thane Nagar Pstn. Record could have been easily used by prosecution to establish her easily used by prosecution to establish her ‘Mens rea’, i.e. intention to kill herself.‘Mens rea’, i.e. intention to kill herself.

An extremely useful evidence was brought An extremely useful evidence was brought before Sessions court, during her trial.before Sessions court, during her trial.

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Page 21 = Out come Page 21 = Out come

Entire case shows, how the FIR needs to be Entire case shows, how the FIR needs to be filed.filed.

How the evidence is to be recorded.How the evidence is to be recorded. How previous correspondence needs to be How previous correspondence needs to be

seen. seen. How ‘intention to commit an offence’ is to be How ‘intention to commit an offence’ is to be

found out and how to use it.found out and how to use it. How to file the charge sheet.How to file the charge sheet.

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Out come.Out come.

The entire police machinery was used by her for The entire police machinery was used by her for settling her husband’s property share in Jalgaon.settling her husband’s property share in Jalgaon.

All police personnel from PC to PI were engaged All police personnel from PC to PI were engaged in explaining their actions in her case to th higher in explaining their actions in her case to th higher ups like CP to DG & also Dy CM. ups like CP to DG & also Dy CM.

Due to this police machinery could not concentrate Due to this police machinery could not concentrate adequately on serious crimes like 302, 307, etc. adequately on serious crimes like 302, 307, etc.

Be cautious while entertaining family or Be cautious while entertaining family or purely civil matters ! purely civil matters !

- The End’- The End’

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Part – II Part – II

Case Laws / Rulings of Bombay Case Laws / Rulings of Bombay HC and / or SC CourtHC and / or SC Court

These judgments These judgments are practicable in are practicable in your day to day your day to day policing policing

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Arresting a female accusedArresting a female accused

Section 41 & 151 Cr. P.CSection 41 & 151 Cr. P.C. . It may not be always possible and practical to It may not be always possible and practical to

have a lady constable present – In such a case have a lady constable present – In such a case arresting officer may arrest a female person for arresting officer may arrest a female person for lawful reasons at any time of day or night even lawful reasons at any time of day or night even without presence of lady constable – He, however, without presence of lady constable – He, however, should record reasons either before arrest or should record reasons either before arrest or immediately after arrest for adopting such a immediately after arrest for adopting such a course. course.

State of Mah. V/s. Christian Community State of Mah. V/s. Christian Community Welfare Council of IndiaWelfare Council of India 2004 ALL MR (CRI) 2004 ALL MR (CRI) 301 SC.301 SC.

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Section 107 – Bond for keeping good Section 107 – Bond for keeping good

behaviour & maintenance public peacebehaviour & maintenance public peace

Notice under Section 107 should show as to Notice under Section 107 should show as to what information has been received by the what information has been received by the magistrate so as to give the idea to higher magistrate so as to give the idea to higher court about the reasonableness of action court about the reasonableness of action taken by Magistrate. taken by Magistrate.

Suresh Hariram Sadarangani V/s. State of Suresh Hariram Sadarangani V/s. State of Maharashtra Maharashtra 2004 ALL MR (CRI) 3922004 ALL MR (CRI) 392

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Section 110Section 110 – – Furnishing a bond Furnishing a bond of good behaviourof good behaviour

None can be asked to furnish bond of good None can be asked to furnish bond of good behaviour without an adjudication – A behaviour without an adjudication – A person can not be asked to furnish a bond person can not be asked to furnish a bond of good behaviour only because two trials of good behaviour only because two trials alleging that he committed the murder are alleging that he committed the murder are pending in courts.pending in courts.

Chandrakant Dharni Bharmaji V/s. Special Chandrakant Dharni Bharmaji V/s. Special Executive Magistrate Executive Magistrate

2004 ALL MR (CRI) 81 2004 ALL MR (CRI) 81

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Registration of written complaint against Registration of written complaint against police officers sent by Petitioner to CPpolice officers sent by Petitioner to CP

Complaint very specific & replete with requisite Complaint very specific & replete with requisite information – Complaint ought to be registered as information – Complaint ought to be registered as FIR – No scope for informal inquiry because such FIR – No scope for informal inquiry because such enquiry would partake the colour of investigation – enquiry would partake the colour of investigation – It is only when the information received were to be It is only when the information received were to be vague information , anonymous or irresponsible vague information , anonymous or irresponsible rumour , it would not in itself constitute information rumour , it would not in itself constitute information within the meaning of Section 154 or the basis for within the meaning of Section 154 or the basis for an investigation U/s. 157 of Cr.P.C. an investigation U/s. 157 of Cr.P.C.

Sudhir M. Vora V/s. Commissioner of Police & Sudhir M. Vora V/s. Commissioner of Police & others. others.

2004 ALL MR (Cri) 27452004 ALL MR (Cri) 2745

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Delay in giving FI statement to Delay in giving FI statement to policepolice

Deceased was dragged out his house & murdered by Deceased was dragged out his house & murdered by accused persons at about 7 / 7.30 PM. His wife who tried accused persons at about 7 / 7.30 PM. His wife who tried to rescue him, was also assaulted – Deceased’s wife to rescue him, was also assaulted – Deceased’s wife states that she was afraid to go to police station at night, so states that she was afraid to go to police station at night, so she went only on next day and give FI statement – Held, she went only on next day and give FI statement – Held, her evidence can not be rejected on ground of delay in her evidence can not be rejected on ground of delay in giving the FI statement when her evidence was giving the FI statement when her evidence was corroborated by another eye witness who too, had corroborated by another eye witness who too, had sustained several injuries in the incident .sustained several injuries in the incident .

State of Karnataka V/s. Bhaskar Kushali Kotharkar & ors. State of Karnataka V/s. Bhaskar Kushali Kotharkar & ors. 2004 Supreme Court Cases (Cri) 19632004 Supreme Court Cases (Cri) 1963

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Delay in sending the FIR copy Delay in sending the FIR copy to JMFCto JMFC

U/s. 157 of Cr.P.C. to magistrate, delay of U/s. 157 of Cr.P.C. to magistrate, delay of three days – delay due to the fact that three days – delay due to the fact that investigation officer was busy during that investigation officer was busy during that period – delay causing no prejudice to the period – delay causing no prejudice to the accused – delay not fatal to prosecution.accused – delay not fatal to prosecution.

State of Maharashtra V/s. Devappa State of Maharashtra V/s. Devappa Siddhapa Kamble & ors. Siddhapa Kamble & ors.

2004 ALL MR (CRI) 27162004 ALL MR (CRI) 2716

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FIR FIR - Discrepancies / - Discrepancies / Omissions in FIROmissions in FIR

Names of witnesses not appearing in FIR – Names of witnesses not appearing in FIR – Held, that by itself can not be a ground to Held, that by itself can not be a ground to doubt their evidence – There is no doubt their evidence – There is no requirement of mentioning the names of the requirement of mentioning the names of the witnesses in FIR. witnesses in FIR.

Raj Kishor Jha V/s. State of Bihar & Raj Kishor Jha V/s. State of Bihar & Ors. Ors.

2004 Supreme Court Cases (Cri) 2122004 Supreme Court Cases (Cri) 212

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Delay of two days in lodging Delay of two days in lodging FIRFIR

Accused Collector of Customs, outraging modesty Accused Collector of Customs, outraging modesty of woman, a probationer of Indian Customs & of woman, a probationer of Indian Customs & Excise Service Group A – Complainant waiting for Excise Service Group A – Complainant waiting for arrival of her husband from outstation and arrival of her husband from outstation and apprised of the incident – Other higher ups in apprised of the incident – Other higher ups in Customs department and legal opinion from senior Customs department and legal opinion from senior criminal lawyers before lodging FIR – Held, the criminal lawyers before lodging FIR – Held, the conduct of Complainant in circumstances in which conduct of Complainant in circumstances in which she was place was perfectly natural and she was place was perfectly natural and circumstances per say, sufficient explanation for circumstances per say, sufficient explanation for the delay in filing the complaint. …. Continued the delay in filing the complaint. …. Continued in next side. in next side.

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Section 154 – FIR delay in lodging – Section 154 – FIR delay in lodging – Rape Case Rape Case

Commission of rape on prosecutrix taking place on Commission of rape on prosecutrix taking place on 25th November, 2000 – FIR lodged on 27th 25th November, 2000 – FIR lodged on 27th November, 2000 – Prosecutrix age in range of 13 November, 2000 – Prosecutrix age in range of 13 to 14 years – Father of Prosecutrix not at home on to 14 years – Father of Prosecutrix not at home on the day of incident – Until evening 26th November, the day of incident – Until evening 26th November, 2000 delay satisfactorily explained – Held mere 2000 delay satisfactorily explained – Held mere delay in lodging the report itself is not fatal. delay in lodging the report itself is not fatal.

Fulchand Vasant Bhirat V/s. State of Maharashtra Fulchand Vasant Bhirat V/s. State of Maharashtra 2004 ALL MR (CRI) 17292004 ALL MR (CRI) 1729

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FIR – Molestation of woman – FIR – Molestation of woman – Omission of lurid details in FIR Omission of lurid details in FIR

Omission of lurid details in FIR – Hand written Omission of lurid details in FIR – Hand written complaint by victim woman- Filed after consultation complaint by victim woman- Filed after consultation with her husband – held she would naturally have with her husband – held she would naturally have felt embarrassed to place lurid details of the assault felt embarrassed to place lurid details of the assault on her by the accused – Complainant avoided on her by the accused – Complainant avoided giving any embarrassing details of the molestation giving any embarrassing details of the molestation even in her testimony – Omission of lurid details of even in her testimony – Omission of lurid details of the assault on her in the FIR is not a ground to the assault on her in the FIR is not a ground to discard to testimony of the Complainant. discard to testimony of the Complainant.

State of Maharashtra V/s. Satyendra Dayal KhareState of Maharashtra V/s. Satyendra Dayal Khare 2004 ALL MR (CRI) 23392004 ALL MR (CRI) 2339

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Delay in lodging FIRDelay in lodging FIR

Incident taking place at 8 PM on earlier night – Incident taking place at 8 PM on earlier night – Complainant approaching Police Station only next Complainant approaching Police Station only next morning – incident occurred in remote tribal area – morning – incident occurred in remote tribal area – No transportation or any means of communication No transportation or any means of communication during night – Taking into account these during night – Taking into account these circumstances held, there was no delay in lodging circumstances held, there was no delay in lodging FIR. FIR.

Dharma Ravji Andher V/s. State of Dharma Ravji Andher V/s. State of Maharashtra Maharashtra

2004 ALL MR (CRI) 2068 2004 ALL MR (CRI) 2068

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Criminal Trial – Prosecution – Criminal Trial – Prosecution – Non Non

Examination of I.O. – EffectExamination of I.O. – Effect on trial on trial If any statement of PW is contrary his previous statement If any statement of PW is contrary his previous statement

recorded U/s. 161 of Cr.P.C. suffers from omission from recorded U/s. 161 of Cr.P.C. suffers from omission from certain material particulars, then the previous statement certain material particulars, then the previous statement can be proved by examining the IO, who had recorded the can be proved by examining the IO, who had recorded the same – In absence thereof, non-examination of same – In absence thereof, non-examination of investigation officer, held, would be of no consequence investigation officer, held, would be of no consequence when the accused were not prejudiced – Acquittal solely on when the accused were not prejudiced – Acquittal solely on ground of non – examination, in the circumstance was not ground of non – examination, in the circumstance was not justified – Penal Code, 1860, Ss 304 Pt. II / 149 and 324 / justified – Penal Code, 1860, Ss 304 Pt. II / 149 and 324 / 148 and 143. 148 and 143.

State of Karnataka V/s. Bhaskar Kushali Kotharkar & ors. State of Karnataka V/s. Bhaskar Kushali Kotharkar & ors. 2004 Supreme Court Cases (Cri) 19632004 Supreme Court Cases (Cri) 1963

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Criminal Trial – Investigation – Criminal Trial – Investigation – Highly unsatisfactory investigationHighly unsatisfactory investigation

Multiple Murder case – Incident inside a bus – Not seized – Multiple Murder case – Incident inside a bus – Not seized – absence of proper scene Panchanama – Relevant facts not absence of proper scene Panchanama – Relevant facts not noted by IO – Delay of 6 days in sending FIR to JMFC. – noted by IO – Delay of 6 days in sending FIR to JMFC. – Material witnesses not examined by accused for 15 days Material witnesses not examined by accused for 15 days by IO. – Failure to produce all material witnesses – Case by IO. – Failure to produce all material witnesses – Case involved in death of eight persons should have been involved in death of eight persons should have been conducted with more circumspection & seriousness – conducted with more circumspection & seriousness – failure of police to produce to produce best evidence before failure of police to produce to produce best evidence before the court cast serious reflection on the system that is the court cast serious reflection on the system that is followed in investigation of criminal cases.followed in investigation of criminal cases.

Sahdeo & others v/s. State of Uttar Pradesh Sahdeo & others v/s. State of Uttar Pradesh 2004 Supreme Court Cases (Cri) 18732004 Supreme Court Cases (Cri) 1873

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Grant of Bail Grant of Bail

No bail can be cancelled unless an No bail can be cancelled unless an opportunity is given to the accused opportunity is given to the accused to to oppose the application oppose the application

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Sec. 46(4) : Sec. 46(4) : ArrestArrest of female Accused of female Accused

No arrest to be made during night time No arrest to be made during night time EXCEPT in emergency circumstances, only EXCEPT in emergency circumstances, only by Women Police Officer, with the prior by Women Police Officer, with the prior permission of the Magistrate where the permission of the Magistrate where the offence is lodged or where the arrest is to be offence is lodged or where the arrest is to be made. made.

M.L.PANDIA,MA,LLB,PGDPM.M.L.PANDIA,MA,LLB,PGDPM.