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

Asked on 10/26/08, 10:13 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: delay of FIR

depends on facts

Answered on 10/27/08, 7:37 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: delay of FIR

In cases of offences based on documents, point of delay is inconsequential. As such, no explanation is necessary.

Answered on 10/31/08, 2:16 am

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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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

Answered on 11/02/08, 9:30 am

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