In the instant case there was a delay in compliance with section 157 of the Code, as the fir was received in the office of the Chief judicial magistrate with a delay of 11 days. Effect of the delay was examined in the case of Jafel Biswas v. State of W.B. (2019) 12 SCC 560 after referring to earlier case laws such as State of Rajasthan v. Daud Khan (2016) 2 SCC 607: (2016)1 SCC (cri) 793, Sheo Shankar Singh v. State of U.P. (2013) 12 SCC 539: (2014) 4 SCC ( Cri) 390; Sandeep v. State of U.P. (2012) 6SCC 107 : (2012) 3 SCC (Cri) 18. In Pala Singh v. State of Punjab (1972) 2 SCC 640: 1973 SCC (Cri) 55 this court clearly held that where an FIR was actually recorded without delay and the investigation started on the basis of that FIR and there is no infirmity brought to the notice of the court then, however improper or objectionable the delay in receipt of the report by the Magistrate concerned be, in the absence of any prejudice to the accused it cannot be by itself justify the conclusion that the investigation was tainted and the prosecution insupportable.
(2020) 6 SCC 378 – Ombir Singh v. State of Uttar Pradesh and Another