CASES Flashcards
In Re Goriparthi Krishtamma
“a case and counter case
arising out of the same affair should always, if practicable, be tried by the same court,
and each party would represent themselves as having been the innocent victims of the
aggression of the other.”
gurmeet singh
delay in FIR is ok if related to sexual assault cases as it is a sensitive time and decision for the victim
state of punjab v Karnal Singh= murder happened in night and could not travel to police station due to terrorism in the area = delay is ok
Sahib SIngh v haryana- delibreate delay in lodging case is suspicious
when chargesheet and bail application filed simultaneously
sanjay dutt v statre of maharashtra- chargesheet is preferrec
Lalita Kumari v. Govt. of Uttar Pradesh,
father of minor kidnapped girl tried to lodge FIR but refused then superintendant lodged fir but did not make any arretst/ investigation was not started.
HELD: FIR shall be cumpolsarily registered and determining if facts are false etc can only be done AFTER lodging FIR.
but registration of FIR will not necessarily lead to arrest.
prelimentary inquiry before FIR can be done in some cases suvh as corruption, comercial medical cases and if there has been a delay in lodging FIR
State of Orissa v. Sharat Chandra Sahu
if bigamy and cruelty are both registered since cruelty is cognizable whoe case becomes cognizable
Madhu Bala v Suresh Kumar
can CJM direct registring FIR?
yes it is his implied power
Sakiri vasu
Army major’s dead body was found on railway track. GPR (railways) said its suicide or accident. Army after inquiry proceedings came to conclusion that it is suicide. But his father said its murder so he went to HC under A-226 COI writ petition for investigation by CBI in the matter. It was dismissed.
before availing HC If alternate remedies are available, they one should exhaust them first before coming to higher authorities.
Can victim demand special agency for speedy investigation? NO
Mag. Can ask for FIR and investigation
Mag. Can reopen the case & order re-investigation.
Dk basu v state
guidelines were passed to try and secure two rights in the context of any state action — a right to life and a right to know. Through the guidelines, the Court sought to
Curb the power of arrest and
Ensure that an accused person is made aware of all critical information regarding his arrest and also convey this to friends and family immediately in the event of being taken in custody.
Some of the guidelines laid down in D K Basu judgement are:
All officials must carry name tags and full identification
Arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality- must be signed also by person arrested.
The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of each right
All such compliances must be recorded in the police register
He must get periodical medical examination
Inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
- Copies of all documents including the arrest memo have to be sent to the Area Magistrate for his record.
- The arrestee has a right to meet a lawyer during the interrogation, although not throughout the interrogation.
rights of arrested person
Dk basu v state
guidelines were passed to try and secure two rights in the context of any state action — a right to life and a right to know. Through the guidelines, the Court sought to
Curb the power of arrest and
Ensure that an accused person is made aware of all critical information regarding his arrest and also convey this to friends and family immediately in the event of being taken in custody.
Some of the guidelines laid down in D K Basu judgement are:
All officials must carry name tags and full identification
Arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality- must be signed also by person arrested.
The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of each right
All such compliances must be recorded in the police register
He must get periodical medical examination
Inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
- Copies of all documents including the arrest memo have to be sent to the Area Magistrate for his record.
- The arrestee has a right to meet a lawyer during the interrogation, although not throughout the interrogation.
rights of arrested person
dinesh kumar v state
Question was-In these two appeals it is to be decided what constitutes arrest & custody. dude who had been arrested and then acquitted applied for job which asked questions like have you ever been arrested, ever been convicted? etc and since he was acquitted- he answered no
arrest how made outlined in sec46
SC took liberal view and allowed him to join his job thus stating that he had never been arrested
gurucharan singh v state
on giving bail under 437 (non bailable offence) the
enormity of charge, nature of evidence against accused, gravity of circumstance, position and status of accused, danger of evidence and witness tampering, liklihood of fleeing from justice, health, age and sex must be considered
Chandraswamy v CBI
dude got anticipatory bail with the condition that he cannot travel outside of india- later said he wanted to travel to propogate hindu religion an dmedical treatment- court rejected travel.
Mohan Singh v state
bro convicted of murder and then they appealed ki section number is not written but after time of appeal lapsed - SC said name of crime is enough appeal on time next baar
Bhawna Bai v Ganshyam
charge framing is based on prima facie facts and theres no need to mention grounds for chargeframing
nathi lal v state
same judge to carroy out both case and counter case
