Registration of FIR in cognizable offence must: SC

November 12, 2013

Registration_of_FIRNew Delhi, Nov 12: Registration of FIR in cognizable offence is a must and action must be taken against police officials for not lodging a case in such offences, the Supreme Court held on Tuesday.

A five-judge Constitution Bench headed by Chief Justice P Sathasivam said, “We hold registration of FIR is mandatory and no preliminary enquiry is permissible in cognizable offences.”

The bench, also comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, said action must be taken against erring police officials for not registering FIR in cognizable offences.

“Police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered,” the bench said.

It said that preliminary enquiry can be conducted in other cases to find out whether the offence is cognizable or not and such probe must be completed within seven days.

The bench said there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognizable offences.

The constitution bench delivered the verdict after a three-judge bench referred the case to the larger bench on the ground that there were conflicting judgements on the issue.

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News Network
June 3,2020

Jammu, Jun 3: A mob on Tuesday disrupted the last rites of a coronavirus victim in Jammu and Kashmir and forced his family members to flee with the half-burnt body, prompting intervention by the administration which later ensured the cremation at another place as per protocol.

A 72-year-old man, hailing from Doda district, became the fourth victim of the novel coronavirus to die in Jammu region. He breathed his last at the Government Medical College (GMC) hospital on Monday.

"We had set out for the funeral along with a revenue official and a medical team, and had lit the pyre at a cremation ground in Domana area when a large group of local residents appeared at the scene and disrupted the last rites," son of the deceased said.

Only close relatives of the deceased, including his wife and two sons, were present during the cremation. They had to flee with the half-burnt body in an ambulance to save their skin from the mob which pelted stones and attacked them with sticks.

"We had sought permission from the government to take the body to our home district for the last rites, but we were told that all necessary arrangements were in place, and that we would not face any trouble during the cremation," the victim's son said.

He also alleged that the security officials present at the scene were of no help.

Two policemen who were present there failed to act against the unruly crowd, while the accompanying revenue official went missing, he said.

"The ambulance driver and other staff from the hospital helped us a lot and managed to take us back to the GMC hospital with the body the government should have come out with a better plan to conduct the last rites of coronavirus victims, taking into consideration the past experience and problems encountered during the funeral of such victims," the victim's son said.

Later, the body was taken to a cremation ground at Bhagwati Nagar area of the city, where it was consigned to flames in the afternoon in presence of senior civil officials, including additional deputy commissioner and sub-divisional magistrate under tight security.

"My uncle was admitted in the hospital last week and died on Monday afternoon. He was suffering from various ailments, especially lungs and heart diseases. Before shifting him to GMC hospital Jammu, he underwent a coronavirus test in Doda which came negative," nephew of the deceased said.

However, he said, the victim's second test after his admission in the GMC hospital came positive on Sunday.

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Agencies
July 13,2020

Kolkata, July 13: Debendra Nath Roy, a member of the West Bengal legislative assembly (MLA) from the Bharatiya Janata Party (BJP), was found dead near his house in north Bengal’s Uttar Dinajpur district on Monday morning.

BJP leaders and his family members have alleged that he was murdered. 

BJP president JP Nadda has expressed “shock” at Roy’s “deplorable and suspected heinous killing” and condemned the incident.

He questioned the rise of “gunda raj” in West Bengal under Chief Minister Mamata Banerjee’s watch amid the worsening law and order in the state, which is slated to hold assembly polls next year, where the BJP is seen to be the primary challenger to the CM’s citadel.

“The suspected heinous killing of Debendra Nath Ray, BJP MLA from Hemtabad in West Bengal, is extremely shocking and deplorable. This speaks volumes of the gunda raj and failure of law and order in the Mamata Banerjee-led government. People will not forgive such a government in the future. We strongly condemn the incident,” he tweeted.

The BJP has demanded a Central Bureau of Investigation (CBI) probe into the lawmaker’s unnatural death.

His body was found in the balcony of a shop near his house at Bondol in Hemtabad, Uttar Dinajpur district, on Monday morning.

“The body has been sent for autopsy. We are investigating the case. No one has been detained for questioning or arrested so far,” said a police official from Uttar Dinajpur district, requesting anonymity.

“Roy was murdered. The way his body was found suggests that it was a premeditated murder and the accused tried to pass it off as a suicide. The ruling TMC (Trinamool Congress) is involved in his murder,” alleged Rahul Sinha, national secretary, BJP.

The TMC, however, refuted the BJP’s allegations.

“I heard that he (Roy) died by suicide. Police are investigating the case. Let the truth come out. If he has been murdered, then the culprits should be identified and punished as per law,” said Kanhaiyalal Agarwal, a TMC leader from Uttar Dinajpur district.

BJP leaders said some people had called Roy around 1 am on Monday and he went out of his home. His body was found on Monday morning.

Roy had won the Bengal assembly elections from Hemtabad on a Communist Party of India (Marxist) ticket in 2016, but joined the BJP last year.

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News Network
March 16,2020

New Delhi, Mar 16: Reliance Group Chairman Anil Ambani has been summoned by the ED in connection with its money laundering probe against Yes Bank promoter Rana Kapoor and others, officials said on Monday.

They said Ambani was asked to depose at the Enforcement Directorate office in Mumbai on Monday as his group companies are among the big entities whose loans went bad after borrowing from the crisis-hit bank.

The officials said Ambani, 60, has sought exemption from appearance on some personal grounds and he may be issued a new date.

Ambani's group companies are stated to have taken loans of about Rs 12,800 crore from the bank that turned NPAs.

Finance Minister Nirmala Sitharaman had said in a March 6 press conference that the Anil Ambani Group, Essel, ILFS, DHFL and Vodafone were among the stressed corporates Yes Bank had exposure to.

Officials said promoters of all the big companies who had taken large loans from the beleaguered bank which later turned bad are being summoned for questioning in the case to take investigation forward.

Ambani's statement will be recorded under the Prevention of Money Laundering Act (PMLA) upon deposition, they said.

Kapoor, 62, is at present in ED custody after he was arrested by the central probe agency early this month.

The ED has accused Kapoor, his family members and others of laundering "proceeds of crime" worth Rs 4,300 crore by receiving alleged kickbacks in lieu of extending big loans through their bank that later turned NPA.

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