Published on: 6 August 2023 at 10:20 IST
Court: Supreme Court
Citation: Jafarudheen V. State of Kerala (2022)
Honourable Supreme Court of India has held that compliance of Section 157(1) of the Code of Criminal Procedure, 1973 with a logical reasoning is mandatory. It is held that the Magistrate is duty bound to oversee the investigation for the purpose of fairness.
28. The jurisdictional Magistrate plays a pivotal role during the investigation process. It is meant to make the investigation just and fair. The investigating officer is to keep the Magistrate in the loop of his ongoing investigation. The object is to avoid a possible foul play. The Magistrate has a role to play under Section 159CrPC.
29. The first information report in a criminal case starts the process of investigation by letting the criminal law into motion. It is certainly a vital and valuable aspect of evidence to corroborate the oral evidence. Therefore, it is imperative that such an information is expected to reach the jurisdictional Magistrate at the earliest point of time to avoid any possible ante-dating or ante-timing leading to the insertion of materials meant to convict the accused contrary to the truth and on account of such a delay may also not only get bereft of the advantage of spontaneity, there is also a danger creeping in by the introduction of a coloured version, exaggerated account or concocted story as a result of deliberation and consultation.
However, a mere delay by itself cannot be a sole factor in rejecting the prosecution’s case arrived at after due investigation. Ultimately, it is for the court concerned to take a call. Such a view is expected to be taken after considering the relevant materials.
Drafted By Abhijit Mishra
