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1 - 10 of 22 (0.23 seconds)The Code of Criminal Procedure, 1973
Section 372 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 377 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 357 in The Code of Criminal Procedure, 1973 [Entire Act]
Ganesh Bhavan Patel & Anr vs State Of Maharashtra on 18 October, 1978
"35. In this regard, it is necessary to examine the
arguments of the defence that there was a delay
of one and half day for lodging of FIR and
accordingly the same can prove fatal to the case
of prosecution. The defence has relied upon case
titled "Ganesh Bhavan Patel vs. State of
Maharashtra" 1979 AIR 135 wherein the Apex
Court dealt with the question of delay in
registration of the FIR and delay in recording of
statement of the witnesses. The Apex Court
concluding paragraph held as under: "Thus,
considered in the light of surrounding
Crl. appeals no. 11/15, 12/15 & 20/15 01.08.2015 Page no. 15/46
circumstances, this inordinate delay in
registration of the FIR and further delay in
recording the statement of the material
witnesses, casts a cloud of suspicion on the
credibility of the entire warp and woof of the
prosecution story".
State Of U.P. vs M.K. Anthony on 6 November, 1984
➢ State of UP vs. Ballabh Das (AIR 1985 SC 1384)
➢ State of UP vs. Ram Swaroop (AIR 1988 SC 1028)
➢ State of UP vs. M.K. Anthony (AIR 1985 SC 48)
After careful consideration, in my opinion, ld. trial
Court has rightly observed that non examination of investigation
officer is not fatal to the prosecution case and it does not
prejudiced any of the accused in any manner.