Monday, 25 December 2017

Whether delay in sending FIR to magistrate is fatal to prosecution case if there is no prejudice to accused?

It has been consistently held by this Court through a catena of judicial decisions that although in terms of Section 157 Code of Criminal Procedure, the police officer concerned is required to forward a copy of the FIR to the Magistrate empowered to take cognizance of such offence, promptly and without undue delay, it cannot be laid down as a Rule of universal application that whenever there is some delay in sending the FIR to the Magistrate, the prosecution version becomes unreliable and the trial stands vitiated. When there is positive evidence to the fact that the FIR was recorded without unreasonable delay and investigation started on the basis of that FIR and there is no other infirmity brought to the notice of the Court, then in the absence of any prejudice to the accused, it cannot be concluded that the investigation was tainted and the prosecution story rendered unsupportable


Criminal Appeal No. 1482 of 2013

Decided On: 20.10.2016

 Yogesh Singh Vs.  Mahabeer Singh and Ors.

Hon'ble Judges/Coram:
Pinaki Chandra Ghose and Amitava Roy, JJ.

Citation:(2017) 11 SCC 195.
Read full judgment here: Click here

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