Delay in filing FIR is not fatal to the prosecution case, and the truth of allegations is to be ascertained in the final adjudication of the case.

JUDGMENT

Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed seeking quash of charge sheet in C.C.No.962 of 2017 on the file of the learned Judicial Magistrate of First Class, Kurnool.

2. Heard learned counsel for the petitioners and learned additional Public Prosecutor for the State.

3. The petitioners are a-2 to a-5 in C.C.No.962 of 2017 on the file of the learned Judicial Magistrate of First Class, Kurnool. a clear allegation is made against the petitioners in the F.I.R against a-2 to a-4 stating that on 28.09.2016 at about 11.30 P.M., a-2 to a-4 entered forcibly into the house of the de facto complainant and they all beat the de facto complainant and others indiscriminately without any reason with their hands and also twisted the right hand of the mother of the de facto complainant and threatened that they will spoil the life of the de facto complainant and kill her. These allegations prima facie constitute the offences punishable under Sections 323, 452 IPC. as regards a-5 is concerned, it is alleged that her bike i.e., Mahindra Gusto Scooter was stolen by them with the help of a-5.

4. Therefore, the police have charge-sheeted a-5 for the offence punishable under Section 379 r/w 34 IPC. So, when the allegations set out in the F.I.R and also in the charge sheet prima facie constitute the aforesaid offences, the matter requires trial to ascertain the truth or otherwise of the said allegations. Even though learned counsel for the petitioners would contend that there is delay in lodging the F.I.R and the petitioners have been falsely implicated in the said case, as noticed supra, the truth or otherwise of the said allegations is to be ascertained in the final adjudication of the case by the trial Court after appreciating the evidence that may be adduced by the prosecution to substantiate the said allegations. It is also well settled law that every delay in lodging the F.I.R is not fatal to the prosecution case. It is only unexplained delay that may have adverse effect on the case of the prosecution. Therefore, these are the matters to be looked into by the trial Court in the final adjudication of the case. at this stage, no valid legal grounds are emanating from the record warranting interference of this Court under Section 482 Cr.P.C in exercise of its inherent powers to quash the charge sheet. Therefore, the Criminal Petition lacks merit.

5. Resultantly, the Criminal Petition is dismissed.

6. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.