Details of the case:

Case no. : - Criminal Appeal no. 982/2011

Case Name: Omvir Singh vs Government of Uttar Pradesh 

Quorum: Justice NV Raman, Justice Mohan M. Shantanagoudar and Justice Sanjeev Khanna

The Supreme Court has once again said that the delay in sending an FIR (Magistrate) to the Magistrate under the compliance of Section 157 of the Criminal Procedure Code (CRPC) cannot in itself be the basis for acquitting the accused.

In this criminal appeal, the accused argued that the FIR was sent late and the Area Magistrate (Chief Judicial Magistrate of the case) received it 11 days later. The accused Omveer Singh had challenged the conviction under Section 302 (read with Section 34) of the Indian Penal Code (IPC) and Section 27 of the Arms Act in the murder of Abhay Singh Bhadoria aka Munna.

In considering the above arguments, the Bench referred to the judgment given in the case of 'Jaffel Biswas Vs Government of West Bengal', in which the delay in implementation of Section 157 of the CrPC and its legal effect on the case was reviewed.

The said judgment said that due to mere delay in sending the report, the conclusion cannot be reached that the trial is over or the accused is entitled to be acquitted on the same basis.

It was further said in this decision,

"It is the responsibility of the Investigating Officer (IO) to inform the magistrate about Almiki. The obligation entrusted to the IO is his mercy death.

But this court has provided that the trial will not be affected due to the delayed report or any lapse. The delay in filing the report is seen as the basis of the truth of the FIR and the day and date of its filing as a challenge. "

A division bench of Justice NV Raman, Justice MM Shantanagoudar and Justice Sanjeev Khanna said,

The bench dismissed the criminal appeal taking cognizance of the evidence and facts recorded in the record.

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