Read more about the article FIR registered for reinvestigation of a case not sustainable in law: J&K High Court
Source: JK Legal Forum

FIR registered for reinvestigation of a case not sustainable in law: J&K High Court

The Single Bench of Justice Vinod Chatterji Koul in a petition filed under Section 482 CrPC has observed that even the higher Court of the Country cannot issue a direction for reinvestigation of a case. In such circumstances, impugned FIR registered for reinvestigation cannot be sustained in law as such a course is neither provided nor permissible under the Code.

Comments Off on FIR registered for reinvestigation of a case not sustainable in law: J&K High Court

Trial Court is not expected to merely act as a post office and frame the charge just because challan has been filed against the accused: J&K High Court.

The trial court is not expected to merely act as post office and frame the charge just because challan for the commission of a particular offence has been filed against the accused. The trial court can sift the evidence brought on record by the prosecution so as to find out whether the un-rebutted evidence placed on record fulfils the ingredients of offence or not. If the ingredients of any offence are lacking, then the Court has no option but to discharge.

Comments Off on Trial Court is not expected to merely act as a post office and frame the charge just because challan has been filed against the accused: J&K High Court.
Read more about the article Five Golden principles that governs the case based on Circumstantial Evidence: Supreme Court
PC: Supreme Court of India

Five Golden principles that governs the case based on Circumstantial Evidence: Supreme Court

The Supreme Court while allowing the criminal appeal observed that the instant case is entirely based on circumstantial evidence and therefore, the facts established by the prosecution do not rule out the existence of any other hypothesis. The facts established cannot be said to be consistent only with one hypotheses of the guilt of the appellant.

Comments Off on Five Golden principles that governs the case based on Circumstantial Evidence: Supreme Court

Magistrate has no jurisdiction to extend the period of filing of chargesheet under Section 167 beyond ninety days in scheduled offences.

The right to default bail is not a mere statutory right under the first proviso to Section 167(2) of the Code, but is part of the procedure established by law under Article 21 of the Constitution of India, which is, therefore, a fundamental right granted to an accused.

Comments Off on Magistrate has no jurisdiction to extend the period of filing of chargesheet under Section 167 beyond ninety days in scheduled offences.

J&K High Court | Once the Court is satisfied that a cognizable offence seemed to have been committed, order for registration of FIR shall follow.

The Court observed that there is a contradiction in the order passed by the Court below. While on one hand, the learned Magistrate appears to be satisfied that cognizable offences seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned Magistrate has forwarded the complaint to be looked into by the Crime Branch with a further direction to register a case only if some cognizable offences are found to have been committed.

Comments Off on J&K High Court | Once the Court is satisfied that a cognizable offence seemed to have been committed, order for registration of FIR shall follow.

End of content

No more pages to load