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FIR

FIR prima facie disclosing commission of alleged offences against accused persons can be quashed in part by HC going in to minutes' details of the case.

Filing of second FIR against same accused and in respect of same incident as mentioned in FIR is permissible, when second FIR filed as counter complaint by different person based on different allegations. Absence of name of accused persons in FIR can't be ground to raise doubts about prosecution case.

The word "shall" used in section 154 leaves no discretion in police officer to hold preliminary Enquiry before recording FIR. Use of expression " information" without any qualification also denotes that the police has to record information despite it being satisfied by its reasonableness or credibility.

FIR u/s 154 of the Code is not a substantive piece of evidence. It is only used to contradict or corroborate the matter there of.

In order for a message or communication to be qualified to be a FIR, there must be something in the Nature of a complaint or accusation or at least some information of the crime'given with the object of setting the police or criminal Law in motion. It is true that a FIR need not contain the minutes of Details as to how the offence had taken place nor it is required to contain the names of the offenders or witnesses.

But it must at least contains some information about the crime committed as also some information about the manner in which the cognizable offence has been committed. A cryptic message recording an occurrence can not be termed as FIR.

A mere information received on phone by a police officer without any details as regards the identity of the accused or the Nature of injuries caused by the victims as well as the name of the culprits may not be treated as FIR.

Mete delay in lodging the FIR is not necessarily fatal to the case of the prosecution. However, the facts that the report was lodged belatedly is a relavent factor

of which the Court must take notice.

The answer to the question whether the FIR in a given case has been lodged belatedly or not is always a question of fact and has to be answered bearing in mind the facts of the casein questions and also the explanation furnished by the prosecution in the case, there is some delay in its being lodged.

There can be no mathematical computation of the time taken in the lodging of the FIR,what the Court has to examine is whether the delay is inordinate and whether any cognent explanation is forthcoming in case it is so ,some delay in the lodging of the FIR is only natural and would not detract from the value to be attached to it. A little delay is some times bound to be there.

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