MERE DELAY IN FORWARDING FIR TO MAGISTRATE BY ITSELF IS NOT A GROUND TO ACQUIT THE ACCUSED(SECTION 157 Cr.P.C):SUPREME COURT - Synopsis
Nilanjana Ganguly 29 May 2020

The Supreme Court reiterated that the delay in sending the FIR to the Magistrate in compliance with Section 157 of the Code of Criminal Procedure cannot be a basis for acquittal of the accused in itself. In the instant criminal appeal, the accused's argument was that after 11 days the ilaka magistrate (in this case chief judicial magistrate) submitted and obtained the FIR late.

The accused Ombir Singh had challenged the conviction for the murder of one Abhaiveer Singh Bhadoria @ Munn under section 302 read with section 34 of the Indian Penal Code, and section 27 of the Weapons Act. The bench noted the judgment Jafel Biswas v. West Bengal State in which the effect of delay in accordance with Section 157 of the Code and its legal bearing on the trial was examined while considering the said claim. In the said decision, it was held that mere delay in submitting the report itself can not lead to a presumption that the case is vitiated or that the accused has the right to be acquitted on that ground.

Therefore it was found in the aforementioned decision; “The obligation is on the I.O. to communicate the report to the Magistrate. The obligation cast on the I.O. is an obligation of a public duty. But it has been held by this Court that in the event the report is submitted with the delay or due to any lapse, the trial shall not be affected. The delay in submitting the report is always taken as a ground to challenge the veracity of the F.I.R. and the day and time of the lodging of the F.I.R.”
Bench of Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Sanjiv Khanna said, “Therefore, delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit the appellant.”

The bench took notice of the reported evidence and the facts of the case and dismissed the criminal appeal.

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