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“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
Supreme Court clarified that if the accused and his advocate are non- conversant with the language, the question of providing translation may arise because the accused must get a fair opportunity to defend himself by understanding the material against him in the charge sheet.
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
Kerala High Court directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.
The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.
“The attempt should be to assimilate the required details and reach the correct conclusion at the earliest, rather than mulling over mundane objections.”
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.
The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.
Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.
“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.
Kerala Court pointed out that the Transplantation team got access to the patient even before the declaration of brain death.
Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44