Another vs. State of Uttar Pradesh4. Incidentally Brahm Swaroop (supra) is also a case where there was a delay of five days in sending the report to the Magistrate (as in the present case). After taking note of several earlier decisions of this Court, this Court held in Brahm Swaroop in para 21 as follows: “21. In the instant case, the defence did not put any question in this regard to the investigating officer, Raj Guru (PW.10), thus, no explanation was required to be furnished by him on this issue. Thus, the prosecution had not been asked to explain the delay in sending the special report. More so, the submission made by Shri Tulsi that the FIR was ante­timed cannot be accepted in view of the evidence available on record which goes to show that the FIR had been lodged promptly within 20 minutes of the incident as the Police Station was only 1 k.m. away from the place of occurrence and names of all the accused had been mentioned in the FIR.” 63. To come to the above conclusion, reliance was placed upon a decision of a three member Bench in Balram Singh and Another vs. State of Punjab5. In Balram Singh (supra), a three member Bench of this Court rejected the contention with regard to the delay in transmitting the FIR to the Magistrate, on the ground that “while considering the complaint in regard to the delay in the FIR reaching the Jurisdictional Magistrate, we will have to also bear in mind the 4 5 (2011) 6 SCC 288 (2003) 11 SCC 286 31