JUDICIAL QUERY NO. 3

a) Delay in lodging FIR is a fatal to the criminal case. There is a scope for concoction or adding coloured version. The Court should be very careful to act on such information stated in the FIR. If the reasons explained for delay and if it appears natural defect it can be consider.

No. Police do not do prior investigation before registration of FIR.

b) The Court suspects integrity of the Police if the facts suppressed in the F.I.R. The Court will see consider genuine FIR.

C) It can be used for corroboration by the Prosecution under Section 157 of Indian Evidence Act. For contradiction by the Accused under Section 145 I.E.A. It can also impeach the credit of maker under Section 155 I.E.A.

1]DELAY IN FILING FIR IS NOT FATAL---

MURDER TRIAL-DELAY IN FIR-APPRECIATION OF- INCIDENT TOOK PLACE ON 24/10/1996 AT 9.30.PM-SERIOUSLY INJURED BY STABBING-BROTHER OF INJURED TOOK HIM TO HOSPITAL AND ENGAGED WITH TREATMENT-FIR LODGED  ON 25/10/1996 AT 4 PM AFTER ADMITTING HIM HOSPITAL-NO OTHER ONE TO LODGE FIR-SCOPE AND EFFECT OF -HELD--KEEPING IN VIEW OF CIRCUMSTANCES THE DELAY HAD BEEN PROPERLY EXPLAINED AND COULD NOT BE SAID THAT DELAY  WAS FATAL TO PROSECUTION  CASE OR THE COMPLAINANT HAD SUFFICIENT TIME TO COCKBULL STORY AGAINST ACCUSED.

JAYANAND NAUTIYAL V/S STAE OF UTTRANCHAL[UTT]

2006[6] CRJ 593.

2]SECOND FIR--PERMISSIBLITY OF-HELD- BAR UNDER SECTION 162 CR.P.C. APPLIES WHERE SOME OCCURRENCE  DISCLOSING NAMES OF SOME ACCUSED PERSONS-SECOND FIR CAN BE LODGED AS AGAINST OTHER PERSONS AS DIFFERENT CASE.

SUREDSH CHANDRA SHUKLA AND OTHERS V/S STATE OF U.P. AND OTHERS .

[ALL] 2006[5]CRJ 411.