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1. What are Cross Cases or Cross FIRs? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading…
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“11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result…
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The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal…
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The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters.…
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“This tendency can be curbed only if courts across the system adopt an institutional approach which penalizes such behavior. Liberal access to justice does not mean access to chaos and indiscipline. A strong message must be conveyed that courts of justice will not be allowed to be disrupted by litigative strategies designed to profit from…
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The Supreme Court of India has emphasized that providing a copy of the FIR to the accused is an essential step for ensuring fairness in the criminal justice system. It allows for a well-informed defense and promotes justice in criminal trials. In Youth Bar Association vs Union of India, WP(Crl.) 68/2016, the Supreme Court issued…
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A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine…
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