State vs Riyazuddin on 25 February, 2013
61. Ld counsel for the accused Riyazuddin has also
pointed out the delay of about 14/15 days in effecting
the arrest of the above accused and has also referred to
one judgment in case Bhagwan Singh & Ors. Vs. State of
MP 2003 SAR (Criminal) 127 (SC) and Joseph @ Jose Vs.
State of Kerala 2003 SAR (Criminal) 528 (SC). On this
ground also the case of the prosecution cannot be thrown
out as the delay, if any, in effecting the arrest of the
above named accused was on the part of the investigating
officer, who appeared to have already misconducted the
proceedings by not registering the case promptly.
Moreover, in the above case, the accused was named in a
statement made subsequently by a witness U/S 161
Cr.P.C., whereas in this case the accused Riyazuddin was
named in the FIR itself.