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1 - 10 of 17 (0.21 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 25 in The Arms Act, 1959 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 157 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 412 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Shahid Khan vs State Of Rajasthan on 2 March, 2016
19. Learned counsel for the appellant has placed reliance on the judgment of the Apex Court in Shahid Khan vs State of Rajasthan reported in 2016 LawSuit (SC) 202, Harbeer Singh, State of Rajasthan vs Sheeshpal & Ors reported in 2016 Law Suit(SC)1031, Jhandu and others vs State of U.P reported in Criminal Appeal no.209 of 1983 decided on 25 April, 2018, Shivlal and other vs State of Chhattisgarh in Criminal Appeal no.610 of 2007 decided on 19 September, 2011 and Mahabir Singh vs State of M.P in Criminal Appeal no.1141 of 2007 decided on 9.11.2016 to lay thrust on various lapses pointed out in the investigation and submit that delay in recording statement of the first informant under Section 161 Cr.P.C remained unexplained. The report of crime was not submitted to the Ilaka Magistrate as mandated under Section 157 Cr.P.C. after lodging of the First Information Report. The time of registration of F.I.R. is, thus, not substantiated. The lapses in investigation coupled with the fact of non sending of report about F.I.R to the concerned Magistrate shows that the First Information Report is Ante timed. It was, thus, the result of embellishment and a creature of an afterthought. That being the position, entire prosecution would become uncreditworthy.