Our research indicates, there is no authoritative pronouncement of this Court on this issue.

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“Government will be well-advised to make suitable amendments.”

– Anwar Ahmad v. State of U.P., AIR 1976 SC 680.

Section 102(3), CrPC came by way of an amendment only in 1978. It becomes necessary to understand, meaning of the expression ‘forthwith’ as used in Section 102(3). Rao Mahmood Ahmad Khan v. Ranbir Singh, 1995 Supp (4) SCC 275 has held, ‘forthwith’ is synonymous with the word ‘immediately’, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it [Bidya Deb Barma v. District Magistrate, 1968 SCC OnLine SC 82]. It would emerge, ‘forthwith’ means ‘as soon as possible’, judged in context of object sought to be achieved or accomplished. An interpretation of ‘forthwith’ would depend upon terrains in which it travels and would take its colour depending upon prevailing circumstances which can be variable.

Court has consistently held, even illegalities in investigation (including illegality in search and seizures) is no ground for setting aside investigation in toto [H.N. Rishbud v. State of Delhi, (1954) 2 SCC 934].

– Hon’ble Justice Aravind Kumar, Shento Varghese v. Julfikar Husen, [Criminal Appeal Nos. 2531-2532 of 2024].