AIR 2001 SUPREME COURT 3570 ::2001 AIR SCW 3366 ::(2002) 1 MahLR 209 ::(2001) 4 CurCriR 24 ::(2001) 3 AllCriR 2497 ::2001 CriLR(SC&MP) 837 ::2001 SCC(Cri) 1384 ::2001 (7) SCC 690 ::2002 (1) RecCriR 227 ::(2001) 6 Scale 119 ::2001 CriLR(SC MAH GUJ) 837 ::(2002) 1 ALD(CRL) 259 ::2001 (4) AllCriLR 87 ::2001 CalCriLR 502 ::2001 (3) BLJR 2103 ::2001 (3) EastCriC 216 ::(2001) 4 SCJ 419 ::(2001) 4 Crimes 260 ::2001 (2) UC 631 ::2001 (6) Supreme 549 ::2001 (43) AllCriC 755 ::(2002) SC Cr R 795 ::2001 (9) SRJ 80 ::(2001) 7 JT 377 (SC) ::2001 (7) JT 377

Supreme Court Of India

(From : 2001 (1) All Cri LR 270 (Punj and Har))

Hon'ble Judge(s): K. T. Thomas, S. N. Variava , JJ

(A) Criminal P.C. (2 of 1974) , S.154— Penal Code (45 of 1860) , S.300— FIR Delayed FIR, is not illegal - Though promptness in lodging FIR gives twin advantage to prosecution case. Law has not fixed any time for lodging the First Information Report (FIR). Hence a delayed FIR is not illegal. Of course a prompt and immediate lodging of the FIR is the ideal as that would give the prosecution a twin advantage. First is that it affords commencement of the investigation without any time lapse. Second is that it expels the opportunity for any possible concoction of a false version. Barring these two plus points for a promptly lodges FIR the demerits of the delayed FIR cannot operate as fatal to any prosecution case. It cannot be overlooked that even a promptly lodges FIR is not an unreserved guarantee for the genuineness of the version incorporated therein.(Para 13) (B) Criminal P.C. (2 of 1974) , S.154— Delay in lodging - Instances causing delay, to be looked into - If causes are not attributable to any effort to concoct a version - Mere delay cannot be ground to treat FIR vitiated. When there is criticism on the ground that First Information Report (FIR) in a case was delayed, the Court has to look at the reason why there was such a delay. There c....