From bare perusal of the ratio decided in the above judgments, it would appear that there cannot be any manner of doubt that Section 157 of the Code of Criminal Procedure (in short "the Code") requires sending of an FIR to the Magistrate forthwith which reaches promptly and without undue delay. The reason is obvious to avoid any possible improvement in the prosecution story and also to enable the Magistrate to have a watch on the progress of the investigation. It is not that as if every delay in sending the report to the Magistrate would necessarily lead to the inference that the FIR has not been lodged at the time stated or has been ante-dated or ante-timed or investigation is not fair. Every such delay is not fatal unless prejudice to the accused is shown. The expression 'forthwith' as mentioned in Section 157 of the Code does not mean that prosecution is required to explain the delay of every hour in sending the FIR to the Magistrate. Undoubtedly, the unexplained inordinate delay in sending the copy of the FIR to the Magistrate may affect the prosecution case adversely or an adverse inference may be drawn against the prosecution when there are circumstances from which an inference can be drawn that there was every chance of manipulation in the FIR by roping innocent person as accused. In the case Ramesh Babu Rao Devaskar v. State of Maharashtra MANU/SC/8026/2007 : (2007) 13 SCC 501: (AIR 2007 SC (Supp) 1606) wherein there had been a delay of four days in sending the copy of the FIR to the Uaqa Magistrate and no satisfactory explanation could be furnished for such inordinate delay, the Hon'ble Supreme Court relying upon earlier judgments State of Rajasthan v. Teja Singh MANU/SC/0085/2001 : (2001) 3 SCC 147 : (AIR 2001 SC 990) and Jagdish Murav v. State of U.P. MANU/SC/8439/2006 : (2006) 12 SCC 626 held that the unexplaned inordinate delay may adversely affect the prosecution case. However, it would depend upon the facts of each case. In the instant case also, from the endorsement made on the FIR, there appears to be a delay of 4 days in placing the FIR before the Magistrate, but this lacuna would not be the sole basis for throwing out the entire prosecution case being fabricated if the prosecution has produced reliable evidence to prove the guilt of the accused persons.
IN THE HIGH COURT OF JHARKHAND
Criminal Appeal (D.B.) Nos. 567, 719, 763, 764, 582 and 570 of 2005
Decided On: 03.02.2016
Nageshwar Mandal
Vs.
State of Jharkhand and Ors.
Vs.
State of Jharkhand and Ors.
Coram:Rakesh Ranjan Prasad and Ravi Nath Verma, JJ.
Citation: 2016 CRLJ 4283 JHAR
