|
 (I) DISCRETION OF AN AUTHORITY:
"The authority cannot permit its decision to be influenced by the direction of others as this would amount to abdication and surrender of its discretion. It would then not be the Authority’s discretion that is exercised, but some one else’s. If an authority “hands over its discretion to another body, it acts ultravires”, such an interference by a person or body extraneous to the power would plainly be contrary to the nature of the power conferred upon the authority". (A.I.R. 1989 SC 997).
(II). REGISTRATION OF F.I.R.
"State is duty bound to register a case on basis of information which discloses the commission of a cognizable offence. There is hardly any discretion with the police not to register an F.I.R. or take entry in Daily Diary Register, as the case may be".
(2007) 1 SCC 1 : 2010 ALL M.R. (Cri.) 244 (Bom.) (F.B.)
2006 (1) Crimes 229 (S.C) and (2009) 1 Mh. L. J. 97 (Bom) (D.B.)
(III). COMPLAINT BEFORE MAGISTRATE.
"Nomenclature is inconsequential and there is no specific format for a complaint being made to a Magistrate contemplated under Cr.P.C."
"A petition cannot be rejected by the Court merely on the ground that it does not contain a proper prayer clause insofar as it discloses commission of a cognizable offence".
2006 (1) SCC 627 and 2010 ALL. M.R. (Cri.) 244 (Bom) (F.B.)
(IV) DETECTION AND INVESTIGATION OF CRIME.
"Detection of crime, investigation of crime and to prosecute the offender are some of the pertinent duties of the State in terms of the provisions of the Code of Criminal Procedure. Generally, it is not expected of an individual to investigate an offence and collect necessary proof for trial before the Court. It is primary duty of the police to immediately register an F.I.R. and to investigate the matter in accordance with law and not to push any individual to knock the doors of the Courts for inquiry, investigation and trial of an offence".
(2008) 7 SCC 164 and 2010 ALL M.R. (Cri.) 244 (Bom.) (F.B.)
(V). FIRST INFORMATION REPORT(F.I.R.)
"F.I.R. to be sent to the nearest Magistrate within 24 hrs".
2006 (8) SCALE 433 and (2001) 3 SCC 147
(VI). DELAY IN INVESTIGATION.
"Every effort should be made to avoid delay in the investigation and trial which is harmful not only to the individuals involved, but also to the Society". (Bombay High Court).
(VII). CRIMINAL TRIAL.
"Acquitting the guilty is as much doing injustice as convicting the innocent and both are to be scrupulously avoided"
2009 (2) Mh. L.J. 249 (Bom) (D.B.)
(VIII).INACTION ON PART OF POLICE
"Inaction on part of police authorities cannot be ignored nor can be pardoned. Shielding or trying to shield any wrong-doer itself is a serious offence and assumes more seriousness when it is committed by a person none other than from the police department. Mere disciplinary action in that regard would not be sufficient answer. Held, Court does expect the Government to take a serious note of this and to take appropriate action against the erring police officers and personnel".
2008 (2) Bom. C.R.(Cri) 272.
(IX). DUTY OF INVESTIGATING OFFICER.
"It is not only duty of Investigating Officer to book a real culprit, but also to protect one who is innocent and give assurance to a common man that there will not be unnecessary harassment to him" (Bombay High Court).
(X). PUNISHMENT FOR NEGLIGENCE:
"Charge of gross negligence is serious in itself to sustain the penalty of dismissal from service" (Bombay High Court).
(XI).CELL PHONE CALL DETAILS.
Call details of a particular cell phone – "Statement giving call details of incoming and outgoing calls of a particular cell phone are electronically printed. So, the possibility of manipulation by human being is overruled".
2009 ALL M.R. (Cri.) 3547 (Bom) (D.B)
(XII). INVESTIGATION:
"Complaints indicating administrative or departmental irregularities, need detailed inquiry - Complaints in substance and nature indicating serious lapses and even element of criminality - Held, there would be every need for their proper examination by a specialized investigating agency or appropriate authority to avoid injustice to the victims and even in the larger public interest –Complaints, therefore, were directed to be examined by the State assisted by Additional Commissioner of Police".
2009 (6) ALL M.R. 266 (Bom) (D.B).
Decision in W.P. (L) No. 1873/2009 (Bom.) Dt. 25.11.2009.
(XIII). RULE OF LAW.
"Where rule of law is strong, people uphold the law not out of fear but because they have a stake in its effectiveness".
2010 ALL M.R. (Cri.) 244 (BOM) (F.B)
(XIV).RULE OF LAW.
"Preamble of our constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. Rule of law indicates good governance which requires fair legal frame work that enforce law impartially. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force."
2010 ALL M.R. (Cri.) 244 (BOM) (F.B).
(XV). CRIMINAL JUSTICE SYSTEM.
"It is not only the obligation of the State administration, but for that matter, even of the Courts to ensure that a fair and effective criminal justice system is in place and is implemented. Administration of criminal justice system has two primary facets (i) investigation and (ii) trial leading to punishing the guilty offender".
2010 ALL M.R. (Cri) 244 (BOM) (F.B).
(XVI). JUDICIARY.
"Judiciary is respected not on account of its power to legalise injustice on technical grounds, but because it is capable of removing injustice and is expected to do so."
A.I.R. 1987 SC 1353.
(XVII).PURPOSE OF COURTS:
"The Courts are made for the public at large and for the redressal of their disputes. It is also expected that the justice delivery system should be easily accessible to the citizens and justice should be delivered at the lowest possible cost. Therefore, the easy access, cheaper justice system and speedy decision are the best factors of any judicial system from the view point of the citizen".
2009 (4) Mh. L.J. 242.
(XVIII). DISHONEST JUDGE.
"A single dishonest judge not only dishonoures himself and disgraces his office but jeopardises the integrity of the entire judicial system."
(Supreme Court of India)
(XIV).PROTECTION OF CIVIL LIBERTIES.
"Being the protectors of civil liberties of the citizens, the Supreme Court and the High Courts have not only had the power and jurisdiction but also an obligation to protect the fundamental rights guaranteed by part III in general and under Article 21 of the constitution in particular, Zealously and Vigilantly".
(Supreme Court of India).
(XX). COMPENSATION TO VICTIMS:
"Breach of duty by Public Servants – An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. Award of compensation acts as a check on arbitrary and capricious exercise of power".
(1994) 1 SCC 243 and (1964) 1 ALL E.R. 367 (410) : 1964 AC 1129
(XXI). PURPOSE OF COMPENSATION.
"It is a sound policy to punish the wrong- doers and it is in that spirit that the Courts have moulded the reliefs of granting compensation to the victims in exercise of the powers conferred on it. In doing so, the Courts are required to take into account not only the interest of the victims and the offenders but also the interest of public as a whole with a view that public bodies or officials do not act unlawfully and do perform their duties properly"
(Supreme Court of India)
Decision in Civil Appeal No. : 8026 / 2009 (SC) Dt. 03.12.2009.
(XXII). RECOVERY OF AMOUNT OF COMPENSATION:
"Constitutional Court would be duty bound to award substantial amount of compensation to party aggrieved in lieu of infringement of fundamental rights of citizens and direct recovery of amount of compensation from the salary of officers in default".
1995 (1) Mh . L.J. 157.
|
|
