FIR to the court, may not, per se, be fatal, without anything more.
But in the case on hand, the delay was not small. The FIR said to
have been registered on 08.03.2012 was received by the Court of
the Chief Judicial Magistrate on 13.03.2012. It is true that no
question was put in crossexamination to the Investigation Officer
about this delay.
66. But we have found that the evidence of P.Ws. 1 to 3 is
untrustworthy, particularly on the question of the origin and
genesis of the first information report. Therefore the inordinate
delay in the FIR reaching the jurisdictional court assumes
significance. We agree that the word "forthwith' in Section 157(1) of
the Code is to be understood in the context of the given facts and
circumstances of each case and a straightjacket formula cannot be
applied in all cases. But where ocular evidence is found to be
unreliable and thus unacceptable, a long delay has to be taken note
of by the Court. The mandate of Section 157(1) of the Code
being clear, the prosecution is expected to place on record the
basic foundational facts, such as, the Officer who took the
first information report to the jurisdictional court, the
33
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