Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on FIR

Saturday, November 06, 2010
FIR

FIR — Merely because the wife of the deceased has made some improvement in the FIR lodged by her, this Court cannot totally discard her testimony.

 
FIR

FIR — When information regarding a cognizable offence is furnished to the police that information will be regarded as the FIR and all enquiries held by the police subsequent thereto would be treated as investigation, even though the formal registration of the FIR takes place only later.

 
Sunday, October 31, 2010
FIR

FIR — Law requires FIR to contain basic prosecution case and not minute details — The law developed on the subject is that even if an accused is not named in the FIR he can be held guilty if prosecution leads reliable and satisfactory evidence which proves his participation in crime — Similarly, the witnesses whose names are not mentioned in the FIR but examined during the course of trial can be relied upon for the purpose of basing conviction against the accused.

 
FIR

FIR — Non-mentioning of motive in the FIR cannot be  regarded as omission to state important and material fact.

 
FIR

FIR — Omission to give details in the FIR as to manner in which weapon was used by accused is not material omission amounting to contradiction. 

 
FIR

FIR — Non-mentioning of motive in the FIR — Held, since the FIR, in the present case, has been filed by a rustic man, therefore, non-mentioning of motive in the FIR cannot be attached much importance.

 
FIR

FIR — In Superintendent of Police, CBI & Ors. vs. Tapan Kumar Singh, AIR 2003 SC 4140, it has been held by this Court that mere absence of indication about source of light in the FIR for identifying assailants does not, in any way, affect prosecution version.

 
FIR

FIR — The FIR is not the last words in the prosecution case and in some cases detailed FIR could be a ground for suspicion — What is relevant to find out is whether the FIR was lodged promptly and whether it is actuated by mala fides. 

 
FIR

FIR — Prosecution story cannot be discarded on the ground that motive which prompted the respondents to kill six persons was not mentioned in the FIR.

 
FIR

FIR — Held, FIR need not be an encyclopedia of minute details of the incident nor it is necessary to mention therein the evidence on which prosecution proposes to rely at the trial — The basic purpose of filing FIR is to set the criminal law into motion and not to state all the minute details therein.  

 
Thursday, December 03, 2009
FIR

FIR — FIR is not a be-all and end-all of the matter, though it is undoubtedly, a very important document — In most of the cases, the FIR provides corroboration to the evidence of the maker thereof — It provides a direction to the Investigating Officer and the necessary clues about the crime and the perpetrator thereof — True it is that a concocted FIR, wherein some innocent persons are deliberately introduced as the accused persons, raises a reasonable doubt about the prosecution story, however, a vigilant, competent and searching investigation can despoil all the doubts of the Court and on the basis of the evidence led before the Court, the Court can weigh the inconsistencies in the FIR and the direct evidence led by the prosecution — It is not a universal rule that once FIR is found to be with discrepancies, the whole prosecution case, as a rule, has to be thrown — Such can never be the law.

 
FIR

FIR — In the present case, Revenue Officers, who were in charge of the whole law and order situation in the Village, did not disclose in their reports, the names of the accused persons against whom the FIR was filed — Contention of the learned counsel that the absence of these names puts the FIR in the darkness of suspicion — Held, not tenable — Revenue Officers had nothing to do with the investigation of the offence — They were merely reporting the prevailing situation in the village to their superiors as per their duty. 

 
Thursday, October 15, 2009
FIR

FIR — The High Court, in the present case, observed that the FIR cannot be an encyclopedia to contain all the details of history of the case — Held, this approach of the High Court does not seem to be correct — The FIR should at least mention a broad story of the prosecution and not mentioning of material and vital facts may affect the credibility of the FIR. 

 
Saturday, July 11, 2009
FIR

FIR — Where the information is only one which required the police to move to the place of occurrence and as a matter of fact the detailed statement was recorded after going to the place of occurrence, the said statement is to be treated as FIR.

 
FIR

FIR — The mere fact that the information was the first in point of time does not by itself clothe it with the character of FIR.    

 
FIR

FIR — A cryptic telephonic message of a cognizable offence received by the police agency would not constitute a FIR.  

 
Saturday, March 14, 2009
FIR

FIR — Held, FIR is not expected to be an encyclopedia.

 
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