SUPREME COURT LAID DOWN THE FOLLOWING GUIDELINES IN MATTER OF POLICE ENCOUNTERS:

"In light of the above discussion and having regard to the directions issued by the Bombay High Court, guidelines issued by NHRC, suggestions of the appellant – PUCL, amicus curiae and the affidavits filed by the Union of India, State Governments and the Union Territories, we think it appropriate to issue the following requirements to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation:

(1) Whenever the police is in receipt of any intelligence or tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offence, it shall be reduced into writing in some form (preferably into case diary) or in some electronic form. Such recording need not reveal details of the suspect or the location to which the party is headed. If such intelligence or tip-off is received by a higher authority, the same may be noted in some form without revealing details of the suspect or the location.

(2) If pursuant to the tip-off or receipt of any intelligence, as above, encounter takes place and firearm is used by the police party and as a result of that, death occurs, an FIR to that effect shall be registered and the same shall be forwarded to the court under Section 157 of the Code without any delay. While forwarding the report under Section 157 of the Code, the procedure prescribed under Section 158 of the Code shall be followed.

(3) An independent investigation into the incident/encounter shall be conducted by the CID or police team of another police station under the supervision of a senior officer (at least a level above the head of the police party engaged in the encounter). The team conducting inquiry/investigation shall, at a minimum, seek:

(a) To identify the victim; colour photographs of the victim should be taken;
(b) To recover and preserve evidentiary material, including blood-stained earth, hair, fibers and threads, etc., related to the death;
(c) To identify scene witnesses with complete names, addresses and telephone numbers and obtain their statements (including the statements of police personnel involved) concerning the death;
(d) To determine the cause, manner, location (including preparation of rough sketch of topography of the scene and, if possible, photo/video of the scene and any physical evidence) and time of death as well as any pattern or practice that may have brought about the death;
(a) To identify the victim; colour photographs of the victim should be taken;
(b) To recover and preserve evidentiary material, including blood-stained earth, hair, fibers and threads, etc., related to the death;
(c) To identify scene witnesses with complete names, addresses and telephone numbers and obtain their statements (including the statements of police personnel involved) concerning the death;
(d) To determine the cause, manner, location (including preparation of rough sketch of topography of the scene and, if possible, photo/video of the scene and any physical evidence) and time of death as well as any pattern or practice that may have brought about the death;
(e) It must be ensured that intact fingerprints of deceased are sent for chemical analysis. Any other fingerprints should be located, developed, lifted and sent for chemical analysis;
(g) Any evidence of weapons, such as guns, projectiles, bullets and cartridge cases, should be taken and preserved. Wherever applicable, tests for gunshot residue and trace metal detection should be performed.
(h) The cause of death should be found out, whether it was natural death, accidental death, suicide or homicide.

(4) A Magisterial inquiry under Section 176 of the Code must invariably be held in all cases of death which occur in the course of police firing and a report thereof must be sent to Judicial Magistrate having jurisdiction under Section 190 of the Code

(5) The involvement of NHRC is not necessary unless there is serious doubt about independent and impartial investigation. However, the information of the incident without any delay must be sent to NHRC or the State Human Rights Commission, as the case may be.

(6) The injured criminal/victim should be provided medical aid and his/her statement recorded by the Magistrate or Medical Officer with certificate of fitness.

(7) It should be ensured that there is no delay in sending FIR, diary entries,panchnamas, sketch, etc., to the concerned Court.

(8) After full investigation into the incident, the report should be sent to the competent court under Section 173 of the Code. The trial, pursuant to the chargesheet submitted by the Investigating Officer, must be concluded expeditiously.

(9) In the event of death, the next of kin of the alleged criminal/victim must be informed at the earliest.

(10) Six monthly statements of all cases where deaths have occurred in police firing must be sent to NHRC by DGPs. It must be ensured that the six monthly statements reach to NHRC by 15th day of January and July, respectively. The statements may be sent in the following format along with post mortem, inquest and, wherever available, the inquiry reports:
(i) Date and place of occurrence.
(ii) Police Station, District.
(iii) Circumstances leading to deaths:
(a) Self defence in encounter.
(b) In the course of dispersal of unlawful assembly.
(c) In the course of affecting arrest.
(iv) Brief facts of the incident.
(v) Criminal Case No.
(vi) Investigating Agency.
(vii) Findings of the Magisterial Inquiry/Inquiry by Senior Officers:
(a) disclosing, in particular, names and designation of police officials, if found responsible for the death; and
(b) whether use of force was justified and action taken was lawful.

(11) If on the conclusion of investigation the materials/evidence having come on record show that death had occurred by use of firearm amounting to offence under the IPC, disciplinary action against such officer must be promptly initiated and he be placed under suspension.

(12) As regards compensation to be granted to the dependants of the victim who suffered death in a police encounter, the scheme provided under Section 357-A of the Code must be applied.

(13) The police officer(s) concerned must surrender his/her weapons for forensic and ballistic analysis, including any other

(14) An intimation about the incident must also be sent to the police officer’s family and should the family need services of a lawyer / counselling, same must be offered.

(15) No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are given/recommended only when the gallantry of the concerned officers is established beyond doubt.

(16) If the family of the victim finds that the above procedure has not been followed or there exists a pattern of abuse or lack of independent investigation or impartiality by any of the functionaries as above mentioned, it may make a complaint to the Sessions Judge having territorial jurisdiction over the place of incident. Upon such complaint being made, the concerned Sessions Judge shall look into the merits of the complaint and address the grievances raised therein.

32. The above guidelines will also be applicable to grievous injury cases in police encounter, as far as possible.
CRIMINAL APPEAL NO.1255 OF 1999, DECIDED ON: 23.09.2014
People’s Union for Civil Liberties & Anr. … Appellants
Versus
State of Maharashtra & Ors. … Respondents

Government Order--Government of India regarding automatic arrest u/s 498A IPC

Procedure for Complaint Filed U/Sec 138 N.I.Act

For the  Knowledge  of  common persons who are involved in false cases of Section 138 NiI. Act must know the following Procedure of Law :-

A).UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT.SEC.138  A LEGAL NOTICE ON BEHALF OF COMPLAINENT IS ISSUED TO THE DEFAULTER WHOSE CHEQUE IS DISHONOURED.IT SHOULD BE ISSUED WITHIN 15 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST A.D.ALL FACTS INCLUDING THE NATURE OF TRANSACTION, AMOUNT OF LOAN AND OR ANY OTHER LEGALY ENFORCEABLE DEBT AGAINSTWHICH THE SAID CHEQUE WAS ISSUED AND THE DATE OF DEPOSIT IN BANK AND DATE OFDISHONOUR OF CHEQUE SHOULD BE MENTIONED THE NOTICE.

B) THE PERSON WHO HAS ISSUED CHEQUE IS DIRECTED TO MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 15 DAYS. IN C ASE THE SAID PAYMENT IS MADE WITHIN 15 DAYS OF SERVICE OF NOTICE THEN THE MATTER ENDS.

C.BUT IN CASE THE SAID PAYMENT IS NOT MADE WITHIN 15 DAYS THEN THE COMPLAINENT HAS TO FILE A CRIMINAL CASE IN THE COURT WITHIN 30 DAYS FROM THE EXPIRY OF  NOTICE PERIOD OF 15 DAYS .

D) THE COURT WILL HEAR ARGUMENTS OF COMPLAINENT/ ADVOCATE FOR COMPLAINENT AND ISSUE PROCESS UNDER SECTION 138 OF N.I.ACT.

E.)THE SUMMONS ARE SENT AND SERVED THROUGH POLICE STATION WHERE ACCUSED IS RESIDING.

F)KINDLY NOTE THAT IN N.I.ACT.SEC.138 CASES , POLICE IS LIMITED TO ONLY SERVICE OF SUMMONS AND IN CASE ACCUSED REMAINS ABSENT ON COURT DATE AFTER SERVICE OF SUMMONS THEN ONLY WARRANT IS SENT TO POLICE STATION TO PRODUCE ACCUSED IN COURT.

G)BUT IT IS OBSERVED IN SEVERAL CASES THAT ACCUSED PERSONS ARE HARASSED BY CONCERNED PERSONS WHO ARE DIRECTED TO SERVE NOTICE/WARRANT.

H)HENCE IT IS ADVISIBLE THAT ACCUSED SHOULD NOT BE AFRAID OF THIS COURT CASE AND REGULARLY ATTEND COURT DATES SO THAT WARRANT WILL NOT BE ISSUED AND FURTHER UNNECESSARY HARASSMENT WILL BE PREVENTED.

I) KINDLY NOTE THAT OFFENCE UNDER SECTION 138 OF N.I.ACT IS A BAILABLE OFFENCE AS THE PUNISHMENT PROVIDED FOR  SAID OFFENCE IS TWO YEARS.

J) ACCUSED HAS TO SUBMIT SURETY WITH ALL SURETY DOCUMENTS INCLUDING OWENERSHIP DOCUMENTS OF HOUSE OR LAND OWNED BY SURETY, HIS ADDRESS PROOF INCLUDING RATION CARD, ELECTION IDENTITY CARD, PHOTO AND ADDRESS PROOF OF SURETY AND ACCUSED.ON RECEIVING SUMMONS FROM THE COURT THE ACCUSED AND SURETY SHOULD REMAIN PRESENT IN COURT WITH ALL ABOVEMENTIONED DOCUMENTS AND COURT WILL ACCEPT THE SURETY AND ON SIGNING BONDS BY ACCUSED AND SURETY, THE BAIL WILL BE GRANTED AND ACCUSED WILL BE RELEASED BY COURT.

K) THEN THE COMPLAINENT WILL FILE THE AFFIDAVIT FOR HIS EVIDENCE WITH ALL ORIGINAL DOCUMENTS IN SUPPORT OF HIS COMPLAINT.THIS IS CALLED EXAM IN CHIEF OF COMPLAINENT.THEN ACCUSED/HIS ADVOCATE WILL CROSS EXAMINE THE COMPLAINENT.

L) COMPLAINENT CAN SUBMIT ADDITIONAL WITNESSES IN SUPPORT OF COMPLAINT.

M) THEN ONCE WITNESSES OF COMPLAINENT ARE OVER THEN STATEMENT OF ACCUSED IS RECORDED UNDER SEC.313 OF CRPC .ACCUSED WILL BE ASKED TO GIVE REPLY TO THE QUESTIONS AND ALLEGATIONS AGAINST HIM.

N)THEN WITNESSES OF ACCUSED TO PROVE HIS INNOCENCE WILL BE PRODUCED AND THE EVIDENCE WILL BE RECORDED BY THE COURT.

O)LAST STAGE IS OF ARGUMENTS OF ADVOCATE OF COMPLAINENT AND ARGUMENT OF ADVOCATE OF ACCUSED

P) COURT WILL PASS THE JUDGEMENT.

IN CASE ACCUSED IS ACQUITED THEN MATTER ENDS.

BUT IN CASE ACCUSED IS CONVICTED   THEN IMMEDIATELY ACCUSED SHOULD SUBMIT BAIL APPLICATION AND GIVE  SURETY AND PRAY FOR TIME TO APPEAL TO SESSIONS COURT. COURT WILL DIRECT HIM TO DEPOSIT FINE AS PER JUDGEMENT  IN THE COURT IMMEDIATELYTHEN HE WILL BE RELEASED.

HE SHOULD APPEAL TO SESSIONS COURT WITHIN ONE MONTH FROM THE DATE OF JUDGEMENT OF LOWER COURT.

Q) CRIMINAL APPEAL WITH APPLICATION FOR SUSPENSION OF SENTENCE AND FOR BAIL WILL BE GIVEN HEARING BY THE DIST AND SESSIONS COURT AND ON FURNISHING SURETY AS PER DIRECTIONS OF COURT INCLUDING DEPOSIT OF SOME AMOUNT TOWARDS COMPENSATION ORDERED AS PER JUDGEMENT THE ACCUSED WILL BE RELEASED ON BAIL.

R).KINDLY NOTE THAT THE DISPUTE MAY GO ON FROM DISTRICT AND SESSIONS COURT TO HIGH COURT AND THEN TO SUPREME COURT.

S).KINDLY NOTE THAT THERE IS AMMENDMENT IN THE NEGOTIABLE INSTRUMENTS ACT. THE OFFENCE IS MADE COMPOUNDABLE .HENCE IN CASE THE MATTER IS SETTLED BETWEEN THE PARTIES , THEN ON AN APPLICATION IN THE COURT , THE COURT MAY ALLOW TO COMPOUND THE CASE AND CLOSE THE CASE.

T) KINDLY NOTE THAT THESE ARE GENERAL GUIDELINES FOR KNOWLEDGE AND REFERENCE OF ALL CONCERNED WHO ARE HARASSED BY THE COMPLAINENTS BY FORCING THE BORROWERS TO ISSUE BLANK SIGNED CHEQUES IN ADVANCE AT THE TIME OF SANCTION OF LOAN.

U) SUCH BLANK CHEQUES ARE MISUSED BY THE COMPLAINENTS BY WRITING FALSE AND FICTITIOUS AMOUNTS AND GETING THOSE CHEQUES DISHONOURED.

Dishonour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed

SC : Dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed


Dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed; ie, where the cheque is dishonoured by the bank on which it is drawn. Bhaskaran Vs Balan (1999) which allowed Five territorial Jurisdictions overruled 

DASHRATH RUPSINGH RATHOD            
Versus
STATE OF MAHARASHTRA & ANR.                  …

                                 Appeal (crl.) 2287 of 2009
Hon'ble Mr. Justice T.S. THAKUR and
Hon'ble Mr. Justice VIKRAMAJIT SEN, C. NAGAPPAN,