Search Results Page
Search Results
1 - 10 of 12 (0.20 seconds)Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Article 136 in Constitution of India [Constitution]
Section 154 in The Indian Penal Code, 1860 [Entire Act]
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Section 429 in The Indian Penal Code, 1860 [Entire Act]
Section 11 in The Indian Evidence Act, 1872 [Entire Act]
State Of U.P vs P.A. Madhu on 17 July, 1984
But we do not f ind any error on the part of the police
in not treating Ext 10/3 as the first information statement.
for the purpose of preparing the FIR in this case It is
evidently a cryptic information and is hardly sufficient for
discerning the commission of any cognizable offence
therefrom. Under Section 154 of the Code the information
must unmistakably relate to the commission of a cognizable
offence and it shall be reduced to writing (if given orally)
and shall he signed by its maker. The next requirement is
that the substance thereof shall be entered in a book kept
in the police station in such form as the State Government
has prescribed. First Information Report (FIR) has to be
prepared and it shall be forwarded to the magistrate who is
empowered to take cognizance of such offence upon such
report. The officer incharge of a police station is not
obliged to prepare FIR on any nebulous information received
from somebody who does not disclose any authentic knowledge
about commission of the cognizable offence. It is open to
the officer incharge to collect more information containing
details about the occurrence, if available, so that he can
consider whether a cognizable offence has been committed
warranting investigation thereto. (Tapinder Singh vs. state
of Punjab, 1971 (1) SCR 599; Some Bhai vs. state of Gujarat
AIR 1975 SC 1453; sc 1453; State of U.P. vs. P.A.Madhu AIR
1984 sc 1523).