Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXI

Q.101 Where, on receipt of a complaint alleging that commission of a cognizable offence, the Magistrate orders an investigation under Section 156 (3) Cr.P.C. is it not permissible for the SHO to refuse to register an FIR for the reason that he has no territorial jurisdiction to register an FIR and conduct investigation ?Ans. No. On receipt of a complaint for investigation under Section 156...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XX

Q.96 Taking cognizance on a “complaint”. Let us discuss 6 situations in this context.Situation 1 At 4.30 p.m a Magistrate receives a private complaint alleging the commission of cognizable offences by the named accused therein. The complainant and his witnesses are present. The Magistrate goes through the complaint and the documents produced along with it and looks up at the clock to...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIX

Q.91 Is it not permissible to use the “inquest report” to contradict the prosecution witnesses to whom a dying declaration was made by the deceased ?Ans. No. Statement made by the Investigating Officer in the inquest report on the basis of what he heard from others would be hit by Section 162 Cr.P.C. (Vide para 30 of George v. State of Kerala (1998) 4 SCC 605 = AIR 1998 SC 1376 – M....

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVIII

Q.86 Is it not correct to say that both the “inquest report” and the “post-mortem report” are substantive evidence ? Ans. No. Both of them are not substantive evidence. (Vide— Para 6 of Munshi Prasad v. State of Bihar (2002) 1 SCC 351 = AIR 2001 SC 3031 – U. C. Banerjee, K. G. Balakrishnan - JJ; Sambhu Das v. State of Assam (2010) 10 SCC 374 = AIR 2010 SC 3300...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-III

Q.11. In cases involving serious offences, is there an obligation on the part of the Court while granting bail, to give reasons in support of its order ?Ans.Yes. Even though detailed discussion on the merits of the case need not be undertaken, the Court has to give prima facie reasons in support of its order. (Vide –Para 5 of Ajay Kumar Sharma v. State of U.P. (2005) 7 SCC 507 = 2005 KHC...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVII

Q.81 Is it usual to mention in the inquest report, a gist of the FIR and the cause of death as narrated by the witnesses ? Ans. Yes. (Vide Thanedar Singh v. State of M.P. (2002) 1 SCC 487 = AIR 2002 SC 175 – 3 Judges – A. S. Anand – CJI, R. C. Lahoti, P. Venkatarama Reddi – JJ – This is because an inquest is invariably held after the registration of an...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-II

Q.6 What is meant by "arrest" ? Ans. "Arrest" means a physical restraint put on a person as a result of allegation or accusation that he has committed a crime or an offence of a quasi-criminal nature. (Vide State of Punjab v. Ajaib Singh AIR 1953 SC 10 = 1953 Cri.L.J. 180 (SC) – 5 Judges – M. Patanjali Sastri – CJI, B. K. Mukherjea, S. R. Das, Vivian Bose, Ghulam Hasan -...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVI

Q.76 Is it necessary that the "inquest" should be held at the spot where the dead body is found ? Ans. Yes. Section 174 (1) Cr.P.C says "…..the nearest Executive Magistrate shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation……". The word...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-I

A. Regular BailQ.1 Can the word "bail" be used as a verb and as a noun and what is its meaning ? Ans. The word "bail" is used both as a verb and as a noun. As a verb, the word "to bail" means - "to deliver an arrested person to his sureties upon their giving security for his appearance at the time and place designated, to submit to the jurisdiction and judgment of...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XV

Q.71 What is an inquest ? Ans. An inquest is an inquiry to find out the apparent cause of death of a person who has died under suspicious circumstances. In England such inquiry is conducted by a coroner or a medical examiner. Coroner is a public official whose duty is to investigate the cause and circumstances of any death that occurs suddenly, suspiciously...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIV

Q.66 What is meant by "charge- sheet" or "final report" or "challan" ? Ans. These expressions are neither defined nor used in the Cr.P.C., but they are understood as such in the Police Manuals of several States. In certain rules or regulations a report filed by the Police under Section 170 Cr.P.C. when there is sufficient materials collected for placing the accused on trial,...

Judicial Service Examination- Practice Questions on First Information Report

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court?(a) Ram Lal Narang Vs. Om Prakash Narang and Another (b) T.T.Antony Vs State of Kerala (c) Upkar Singh v. Ved Prakash...