FIR can’t wait for inquest: apex court

Legal Correspondent,Hindu October 18,2007

New Delhi: Registration of the first information report (FIR) in a murder case must be done immediately after the crime and it cannot be lodged after an inquest has been held.

“Lodging of FIR is necessary for setting the criminal law in motion. It can be lodged by anybody. Section 157 of the Code of Criminal Procedure mandates that the FIR [after it is registered] be sent to the nearest magistrate within 24 hours. It, however, should not be too sketchy so as to make initiation of investigation on the basis thereof impossible.”

Only information on commission of an offence might not to all intents and purposes satisfy the requirement of the FIR, said a Bench consisting of Justices S.B. Sinha and H.S. Bedi.

“FIR provides a valuable piece of evidence although it may not be substantial evidence. The reason for insisting on lodging of FIR without undue delay is to obtain the earlier information in regard to the circumstances, in which the crime had been committed, the name of the accused, the parts played by them, the weapons which had been used as also the names of eyewitnesses. Where the parties are at loggerheads and there had been instances which resulted in death of one or the other, lodging of an FIR is always considered to be vital.”

In the instant case, a trial court in Maharashtra awarded life imprisonment to Ramesh Baburao Davaskar and seven others holding them guilty in a murder case. The Bombay High Court confirmed their conviction and sentence of life imprisonment. Allowing the appeals against this judgment, the Bench agreed with counsel’s contention that the copy of the FIR, which was ante-timed, was received by the magistrate four days after the murder.

The Bench pointed out that no explanation had been offered for the delay in registering the FIR.

It acquitted the appellants and directed them to be set at liberty forthwith.