FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court

The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay. A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to be dispatched to the nearest Judicial Magistrate within 24 hours. endorsing the FIR on 19.11.2015.” However, the court rejected the argument that this delay alone undermined the prosecution's case, stating, “Regardless, we are not inclined to accept the argument of Mr. Jha that because of this delay only, the prosecution case ought to be jettisoned as it leaves an almost untrammelled cranny in the prosecution version and gives scope of making an argument that it was only after consultation that belatedly the written report was filed, naming appellant as the sole perpetrator of crime which would serve the twin purpose of preventing him from raising any stake over the family property as also for ousting him for ever from such property in which he too has stakes.” This observation was made while dismissing an appeal challenging a conviction and sentence under Section 302 of the Indian Penal Code, as ordered by the Sessions Court. The Court remarked, “This is no investigation in the eyes of law,” but clarified that “To reject the prosecution version only on this count would only reflect our naivete, especially when the timing of the other happenings match with the oral testimony of the witnesses.” Assessing the evidence, the Court upheld the Trial Court's observation that 'enmity is a double edged sword which could be a ground for false implication as also for committing an offence.'