Criminal

Delay in Despatch of FIR to Magistrat

(i) Mere delay in Despatch of FIR to magistrate is not a circumstance, which can throw out the prosecution case entirely. [Pala Singh & vs. State of Punjab, AIR 1992 SC 2679]

(ii) The delay is not necessarily fatal particularly when it has been recorded without delay and no suspicion is attached to its recording. [State of MP vs. Gokaran, AIR 1966AIR SC 131]

(iii) Delay in sending FIR to Magistrate forthwith gives rise to the suspicion that the report was recorded much latter than the stated date. Obviously delay needs to be explained satisfactorily. [Ishwar Singh vs. State of UP, AIR 1976 SC 2423]

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Categories: Criminal

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