PRAMOD MALAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973. (hereinafter referred to as the Code) for quashing Munger the F.I.R. of munger S.C./S.T. P.S. Case No. 46/2004 dated 28.9.2004 registered on the written report of one Jumman Das (Oppostte Party. No. 2) against the petitioners for the offences under Sections 366-A, 307 of the Indian Penal Code and Section 27 of the Arms Act and Section 3 of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the Act).

(2.) HEARD learned Counsel for the petitioners and the learned A.P.P. appearing for the State.

(3.) IT is well settled that any person having knowledge of the commission of a cognizable offence by any person known or un-known can give information to the Officer-in-charge of a police action for the purpose of investigation which is commonly known as F.I.R. IT also cannot be disputed that the F.I.R. need not be given by any eyewitness. The informant need not have the personal knowledge of the incident, Similarly, it is also well settled that mere delay in lodging the F.I.R. is no ground to doubt the prosecution case.