60. While reiterating the above principles, a note of caution was
also added by this Court in Bhajan Singh alias Harbhajan Singh
and Others vs. State of Haryana 3. Paragraphs 28 to 30 of the
said decision read as follows:
“28. Thus, from the above it is evident that
the Criminal Procedure Code provides for internal and
external checks: one of them being the receipt of a
copy of the FIR by the Magistrate concerned. It serves
the purpose that the FIR be not antitimed or anti
dated. The Magistrate must be immediately informed
of every serious offence so that he may be in a position
to act under Section159 Cr.P.C., if so required. Section
159 Cr.P.C. empowers the Magistrate to hold the
investigation or preliminary enquiry of the offence
either himself or through the Magistrate subordinate
to him. This is designed to keep the Magistrate
informed of the investigation so as to enable him to
control investigation and, if necessary, to give
appropriate direction.
29. It is not that as if every delay in sending the
report to the Magistrate would necessarily lead to
the inference that the FIR has not been lodged at
the time stated or has been antitimed or anti
dated or investigation is not fair and forthright.
Every such delay is not fatal unless prejudice to
the accused is shown. The expression “forthwith”
mentioned therein does not mean that the prosecution
is required to explain delay of every hour in sending
the FIR to the Magistrate. In a given case, if number of
dead and injured persons is very high, delay in
dispatching the report is natural. Of course, the same
is to be sent within reasonable time in the prevalent
circumstances.
30. However, unexplained inordinate delay in
sending the copy of FIR to the Magistrate may affect
the prosecution case adversely. An adverse inference
3 (2011) 7 SCC 421
29
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