Back
V R K KRUPA SAGAR
Inspector Of Police – Appellant
Versus
Chalaki Bhaskar – Respondent
ORDER :
V.R.K.KRUPA SAGAR, J.
1. This revision filed by the State as well as the de facto complainant under sections 397 and 401 of the CrPC arose out of the following circumstances.
2. Sri N.Ram Mohan Rao does business in the name and style of Rao & Murthy Plywoods at Sivalayam Street, Governorpet, Vijayawada. He has a son by name Sri N. Bala Chandan. Every day, Sri Ram Mohan Rao used to leave his house in the morning and do his business and returned home by about 9:15 pm in the night. On 28.09.2013 as usual, he went to the shop but did not return in the night. The son and family members enquired with the relations and friends but did not locate him. Therefore, they went to the Governorpet Police Station and the son lodged a written information at 11.00 am on 29.03.2013. This written information states that Sri Ram Mohan Rao was missing and prayed to search for him. The Sub- Inspector of Police of Governorpet Pollice Station registered it as FIR.No.335 of 2013 as a case of “missing person”. No penal provision is mentioned in it.
3. The de facto complainant in the said FIR is the son of the missing person. It is further seen from the records that this de facto complainant during mornin
The court established that written information indicating a cognizable offence is admissible as evidence, even if it follows an initial report that did not disclose any crime.
The court clarified the distinction between enquiry and investigation under the CrPC, emphasizing that subsequent information indicating a cognizable offence is admissible as evidence.
The conviction was quashed due to procedural irregularities, evidentiary failures, and bias in police investigations, highlighting the need for stringent adherence to legal standards.
The revisional court cannot introduce additional documents not considered by the Magistrate, emphasizing the significance of judicial discretion and maintaining the integrity of original findings.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
The trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
The prosecution must prove its case beyond a reasonable doubt; significant contradictions and procedural irregularities in the FIR undermine the conviction.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
The prosecution must prove its case beyond reasonable doubt, and failure to examine the Investigating Officer can result in significant prejudice to the accused, as demonstrated in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
