Code of Criminal Procedure, 1973:
Section I 54-First Information Report:
Necessary Contents-Held: ls to provide basis for police officer to suspect
commission of cognizable offence and not to give full details regarding the
matter.
Non mentioning of correct section-Conclusiveness of-Held: ls not
conclusive since Court has to frame appropriate charges having regard to the
material on record
Sections 154 and 156-Recording of information in General Diary
Entry-To the effect that person accepting a sum by way of illegal gratification
and carrying amount with him on journey by train-Whether disclosure of
commission of cognizable offence-Held: Offence of criminal mis-conduct
under Section 13 of Prevention of Corruption Act made out which is a
cognizable offence and police officer empowered to investigate-Information
recorded in General Diary Entry can be treated as FIR-Prevention of
Corruption Act, 1988 Section 13.
Section 165-Search and Seizure by Police Officer-On basis of General
Diary Entry-Non fulfillment of mandatory requirement-legality of search
and seizure-Held: ls pre-mature to consider at this stage.