Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 174 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | : Death of wife of appellant no. 1 at Ambala - Investigating officer submitted report that there was no sign of foul play in the occurrence - Magistrate accepted the final report - Since the appellant no. 1 was a Flying Officer at the relevant time, a Court of lnquily was also convened to investigate into the alleged role of appellant no. 1 which was finally closed - After 5 years of the closing of the above case, fresh FIR was got registered by the brother of the deceased u/ss.304B, 498A and s.34 !PC on receipt of anony111ous letter - High Court directed for continuance of the investigation of the alleged offence - On s.482 petition, High Court refused to quash the charge sheet and cognizance taken by the Magistrate - On appeal, held: The brother of the deceased instituteq malicious prosecution against appellant no. 1 after a period of 5 years that too on the basis of anonymous letters - Allegations were vague and did not warrant continuation of criminal proceedings against the appellants - High Court failed to apply the test whether the uncontroverted allegations as 111ade prima facie establish the offence - FIR quashed.Scope of inquiry u!s. 174 - Held: The proceedings u/s. 174 have a very limited scope - The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death - The question regarding the details as to how the deceased was assaulted or who assaulted him or under what circu111stances he was assaulted is foreign to the ambit and scope of the proceedings u/s. 174 of the Code - Neither in practice nor in law was it necessary for the police to mention those details in the inquest report - It is, therefore, not necessary to enter all the details of the overt acts in the inquest report.ss.154, 174 - Information received uls. 174 whether satisfies theĀ· requirement of s. 154 - The investigation on an inquiry uls.17 4is distinct from the investigation as contemplated u!s. 154 relating to commission of a cognizable offence - In the case on hand, there was 110 FIR registered with the police station, neither any investigation nor any report uls. 17 3 was submitted - Therefore, challenge to the impugned FIR could not be assailed on the ground that it was a second FIR in the garb of which investigation or fresh investigation of the same incident was initiated. Investigation - Jurisdiction to investigate the crime - Jfeld: At the stage of investigation, it cannot be held that the SHO does not have territorial jurisdiction to investigate the crime. Jurisdiction: Held: Territorial jurisdiction of a court with regard to a criminal offence would be decided on the basis of the place of occurrence of the incident. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 1193 |
Petitioner | Manoj Kumar Sharma & Ors. |
Respondent | State Of Chhattisgarh & Anr. |
SCR | [2016] 7 S.C.R. 154 |
Judgement Date | 2016-08-23 |
Case Number | 775 |
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