prevention of curruption act

KADIWALAMA (Querist) 25 October 2010 This query is : Resolved
Non ragistration of FIR immediately after receiving the complaint, Is fatal to the prosecution case?

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Devajyoti Barman (Expert) 25 October 2010
No. Negligence of the investigation agency does no have any bearing on the prosecution case.

Sarvesh Kumar Sharma Advocate (Expert) 25 October 2010
yes.

Sarvesh Kumar Sharma Advocate (Expert) 25 October 2010
without any sufficient cause if f.i.r. not ragisterd immediately offcourse it is fatal to the prosecution case!

adv. rajeev ( rajoo ) (Expert) 25 October 2010
I do agree with Sharma

s.subramanian (Expert) 25 October 2010
It depends upon the facts and the circumstances of the case. If the facts reveal that the delay is wanton and unexplained,then it would create a very great doubt upon the veracity of the prosecution which would prejudice the prosecution..

Devajyoti Barman (Expert) 25 October 2010
The issue to be considered is whether there was delay in lodging the complaint or not. It is to be remembered that registering the FIR does not depend upon the complainant only. It is duty of the police and the supreme court has made it clear that the defence can not take benefit of the lacuna of investigating agency.

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