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Recently, in the case of Ombir Singh v. State Of Uttar Pradesh (Criminal Appeal no. 982 of 2011) wherein the bench consisting of Justices NV Ramana, Mohan M. Shanthanagoudar and Sanjiv Khannagave stated that mere delay in forwarding FIR to magistrate is not a Ground to acquit the accused in regard to the Sec 157 of the Criminal Procedure Court.
In an appeal to the Supreme Court, the accused contended that the FIR was sent as well as received by the Chief Judicial Magistrate after 11 days. The accused party was booked for the murder of Abhaiveer Bhadoria under Sec 302 r.w Sec 34 of the Indian Penal Code as well as the Sec 27 of the Arms Act.
The Court referred to the judgment of Jafel Biswas v. State of West Bengal in which the delay in complying with Sec 157 of CrPC was dealt with. In instant case, it was held that mere delay in sending the report does not support or indicate the fact that there was an attempt to vitiate the trial and thus the accused shall be acquitted. Hence, it stated that the trial shall not be affected due to the mere delay in sending the report as it does not lead to any conclusion of a biased or unfair trial.
Thus, in the case of Ombir Singh as well, the court followed the precedent and held that the mere delay in complying with Sec 157 of the CrPC does not acquit the accused in any manner. Furthermore, the Court dismissed the appeal.
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