Querist :
Anonymous
(Querist) 28 November 2010
This query is : Resolved
There is a delay of two days in sending F.I.R. to court. That two days are working days. What is the effect of delay in lodging F.I.R. by police in Court. Please give citations if any.
adv. rajeev ( rajoo )
(Expert) 29 November 2010
It is good a defense. It can be cross examined very nicely to get acquital of the accused.
Khaleel Ahmed Mohammed
(Expert) 29 November 2010
You can raise this before the court at the time of trial.
Kirti Kar Tripathi
(Expert) 29 November 2010
yes, this can be raised at the time of trial
Guest
(Expert) 29 November 2010
FIR - Delay in lodging and delay in forwarding the same to Magistrate - Prosecution case not to be discarded - However, it is a material circumstance which is to be taken into consideration while appreciating evidence. 2006(1) Criminal Court Cases 463 (S.C.) FIR - Delay in lodging and delay in forwarding the same to Magistrate - Reliable evidence and its veracity cannot be dislodged by delay in recording FIR and delay in sending it to Magistrate - It can be taken to be an infirmity in investigation. 2006(1) Apex Court Judgments 290 (S.C.) FIR - Delay in sending FIR to Magistrate - Adverse inference cannot be drawn in absence of this question put to I.O. 2006(1) Apex Court Judgments 34 (S.C.)
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