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Ghazipur

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Mere Delay in sending FIR not fatal to the prosecution = where the FIR was actually recorded without delay and the investigation started on the basis of that FIR and there is no other infirmity brought to the notice of the Court then, however improper or objectionable the delay in receipt of the report by the Magistrate concerned be, in the absence of any prejudice to the accused it cannot by itself justify the conclusion that the investigation was tainted and the prosecution insupportable.

published in http://judis.nic.in/supremecourt/filename=40473 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1020 OF 2004 Sheo Shankar Singh …. Appellant VERSUS State of U.P. ….Respondent CRIMINAL APPEAL NO.1021 OF 2004 Sarvajit Singh @ Sobhu …. Appellant VERSUS State of U.P. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim … Continue reading

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