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What The Supreme Court of India Said On Banning Sale of Firecrackers in Delhi/NCR Region

Highlights of the Supreme Court judgement:

  • …bursting of fire crackers is not the only cause for alarming air pollution in Delhi and NCR, but it is also acknowledged that it is one of the major causes. It is also recorded in the judgment that on bursting of these crackers during Diwali in 2016, the air quality had sharply deteriorated…
  • …we have the direct evidence of deterioration15
    of air quality at alarming levels, which happens every year. As already pointed out above, burning of these fire crackers during Diwali in 2016 had shot up pm levels by three times, making Delhi the worst city in the world, insofar as air pollution is concerned…
  • …Insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced
    with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed
    during the year but the impact and effect of this order remains to be tested on Diwali days…
  • …Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season…

Full Text of the judgement:

This is the full text of the Judgement of the Supreme Court of India on banning firecrackers and fireworks sale in the Delhi / NCR Region.

32461_2015_Judgement_09-Oct-2017

First Information Report (FIR) in India

This article deals with the topic of an FIR or First Information Report.

What is an FIR?

Under section 154 of the Code of Criminal Procedure (CrPC) and FIR is a report of First Information of a cognizable offence under the Indian Penal Code. It is basically a record of primary information received, regarding the commission of a criminal offence or crime as per IPC.

When is an FIR filed?

Where can an FIR be filed?

What does an FIR contain?

A First Information Report FIR contains the following fields:

  1. State
    District
    Police Station
    FIR No.
    Year
    Date
  2. Acts and Sections
  3. Occurence of Offence: Day / Date from / Time / Date to / Time
    Information Received at Police Station: Date / Time
    General Diary Reference: Entry No. / Date / Time
  4. Type of Information: Written / Oral
  5. Place of Occurrence:
    Direction and Distance from Police Station
    Chouki/Beat/OP Name and No.
    Address of Occurrence:
    Name / No. if any / Ward / Name of Road
    Nearest Identifiable place / Village / Post / Taluka / Distt. / State
    In case, outside the limit of this Police Station: Taluka / Distt. / State
  6. Complainant / Informant:
    Permanent Address
    Name / Father’s / Husbands Name
    Date of Birth and Age / Nationality / Phone No.
    Passport No. / Date of Issue / Place of Issue / Occupation
    Religion / Caste / Sub-caste
    Address / Ward / House Name / No. / Phone / M. No / PAN No. / Card No.
    Road / Nearest Identifiable place / Village / Post / Police Station
    Taluka / Distt. / State / Present Address
  7. Details, Name and Address of Known Accused (attach separate sheet if necessary) Particular physical features of suspect to be mentioned on form 1-B and maybe attached to case diary.
  8. Reasons for delay in reporting by the complainant / informant
  9. Particulars of properties stolen and involved (attach necessary proforma) Write down details on blank page.
  10. Total value of properties:
    (a) stolen / involved
    (b) recovered
  11. Unnatural / Accidental Death Case No. (if any)
  12. First Information (brief contents) Attach separate sheet if required or write details overleaf on the blank side
  13. Action Taken: (since the above offence relates to commission of offence(s) under the sections mention in Item No. 2
    (1) Registered the case or took up the investigation or Directed (Name of Investigating Officer / Rank / No. )  to take up the investigation or
    (2) Refused investigation due to (Reason)
    (3) Transferred to Police Station (Name) due to jurisdiction
  14. FIR Read over to the complainant / informant, admitted to be correctly recorded and a copy given to the Complainant / Informant free of cost.
    Signature / Thumb impression of informant / Complainant
    Signature of Officer in-charge: Name / Rank / No.
  15. Date and Time submitted to court
    Posting Code No. of Investigating Officer
  16. Copy to: Complainant / Supdt. of Police / Inv Officer / Office Copy

 

Sample of an FIR

FIR Sample

How does an FIR look? First Information Report Sample in India

Roznama in an Indian Court

What is a Roznama?

Roznama is the register of the daily proceedings of a court case, maintained in every Indian Court. It contains the activity in a case and also records if any orders were passed in the case.

Roz = Day / Daily
Nama = Name / Record / Log / Register

Who maintains the Roznama?

The Roznama is maintained by the Court Clerk or Bench Clerk

What details are entered in the Roznama?

The Roznama lists details of the daily proceedings in a particular case.

Amongst other things, the Roznama includes:

  1. Court Name
  2. Court Room Number
  3. Case No. and Type
  4. Name of the Plaintiff or Applicant or Appellant
  5. Name of the Defendant or Respondent
  6. Chronological sequence of events in the case

The Schedule of Minutes of the case, includes the chronological events like:

  1. Date of Hearing
  2. Exhibit No. (if any exhibit was submitted to the Court)
  3. Progress of the case or Order passed on that Date
  4. Next Date of Hearing given by the Judge
Roznama Lawgic.info (C)

The Roznama contains minutes of the Court Proceedings

Examples of Entries in the Roznama:

Business : Resumed Before Shri XYZ – Judge Presiding Over C.R. No. 1 Nobody present when called. Adjourned for Hearing on Exhibit 4 by Plaintiff
Next Purpose : Hearing In Notice Not Before 2.45 PM
Next Hearing Date : 08-10-2011

Exhibits : 22/A – Vakalatnama of Plaintiff
Business : Resumed before the court. Adv. for Plaintiff present and filed vakalatnama of Plaintiff. On oral request, adjourned for say of plaintiff on Ex. 11 as last chance.
Next Purpose : Reply In Notice Not Before 2.45 PM
Next Hearing Date : 16-02-2011

Where can the Roznama be seen?

The Roznama of that day can be seen by the party or his lawyer on the same day of the hearing. Alternatively, if you want to check the Roznama of a previous date, then you need to make an application and pay the necessary fees as per the Court Manual. (For the Maharashtra Court Rules see: http://court.mah.nic.in/courtweb/civil/html/chapter29.html)

Some Courts in Maharashtra and other states, allow you to see the Roznama of a matter online on their website.

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

 

 

 

What Is An A Summary, B Summary and C Summary Criminal Case?

A Summary Case

  • where the Magistrate classifies the case as true but undetected
  • where there is no clue whatsoever about the culprits or property or when the accused is known but there is no evidence to justify his being sent up to the Magistrate for trial

B Summary Case

  • where the Magistrate classifies the case as maliciously false
  • When there is no evidence or prima facie case against the accused
  • Applicable when false or frivolous cases are filed
  • A B Summary Report is filed by the Police in such a matter
  • Usually a final report
  • Will lead to acquittal of the accused, upon acceptance by the Court
  • the police have to become the complainant and register a case against the original complainant, stating that he had complained to the police with malicious intent

C Summary Case

  • When the case is neither true nor false
  • A C Summary report is issued by the Police in such a matter
  • When the criminal case was filed due to mistake of facts or the offence complained about is of a civil nature