Legal Question in Criminal Law in India
delay of FIR
a DRAFT presented in the auction wsa a foorged one.The auctioning authority came to know about it on 22nd of August and he got the returned draft in hand on the 29th morining.He lodged a complaint with the police on 29th at 9.30 pm night.The police sent the report to the magisterate on 30th in the evening at 3 pm.Is there any delay on the part of the acuused and on the part of the police?Will it afect the prosecution case at the time of the trial if they are not giving proper explanations?The police stationand office of the authority are very near to the court
4 Answers from Attorneys
Re: delay of FIR
depends on facts
Re: delay of FIR
In cases of offences based on documents, point of delay is inconsequential. As such, no explanation is necessary.
Re: delay of FIR
the delay can be challemged in Trial only and not earlier and depends upon court . But as prudent preosecutor every complainant should file the FIR at earliest in order to avoid further complications and as such there is no any specific provision to show that merely beauce there is delayed FIR case can't be prosecuted
Re: delay of FIR
We may not comment on probabilities of future actions. Since the matter is pending in court, it is better to wait for the outcome.
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