The Orissa High Court recently comprising of a bench of Justice Sashikanta Mishra while quashing an FIR in a case of 'Criminal Intimidation' on account of inordinate delay of 15 years by the investigating agency remarked that the crux of the matter is inordinate delay in completion of the investigation. (Binod Bihari Sethy v. State of Odisha)
The bench taking note of the same remarked, “in view of the discussion on law laid down by the Apex Court in the cases referred above, this Court has no hesitation whatsoever to hold that the inaction of the investigating agency to conclude the investigation for as long as 15 years, that too, without offering even a semblance of explanation is a direct affront to the cherished principle of right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India.”
Facts of the Case
An FIR was lodged against the present petitioner on 24.10.2006 by the then Tahasildar, Chhendipada before the Officer-in-Charge, Chhendipada Police Station leading to registration of P.S. Case for the alleged commission of offence under Sections 447/379/188/294/535/506 of IPC. The said P.S. Case corresponds to C.T. Case No. 1962 of 2006, which is presently pending in the Court of learned J.M.F.C., Chhendipada. The final Report was submitted in the case after more than 15 years. The inaction of the investigating agency complied with inordinate delay is cited as a ground by the petitioner for quashing of the FIR and the consequential criminal proceedings in the present application filed under Section 482 Cr.P.C.
Contention of the Parties
It was contended by the counsel for the petitioner that continuance of the case without the Final Form being submitted for as long as 15 years by itself is an abuse of the process of the Court. It is further argued that the petitioner is presently aged about 72 years and has been going through tremendous mental strain and anxiety because of the pendency of the criminal case and the uncertainty attached to it. Since the right to a speedy trial is also a part of fundamental right under Article 21 of the Constitution of India, it is contended that inaction of the investigating agency for an inordinately long period of time directly violates such right, for which the proceedings need to be quashed.
The learned Addl. Standing Counsel while admitting that the Final Form was not filed for as long as 15 years, however, contended that no time limit being prescribed for the conclusion of a criminal proceeding, mere delay in submission of Final Form or Final Report, as the case may be, cannot be a ground to quash the proceedings.
Courts Observations & Judgment
The Court at the very outset noted that the crux of the matter is inordinate delay in completion of the investigation. The bench observed, “This is a case of a man against whom an FIR was lodged and investigation continued for as long as 15 years to ultimately end in a Final Report being filed. One can only imagine the stress that the petitioner would have undergone during all these years with the “Sword of Damocles” hanging over his head. As highlighted by the Apex Court, pendency of a criminal proceeding, irrespective of the nature of the offence alleged, are sufficient to cause concern, anxiety and apprehension in the mind of the accused not to speak of the expenses that he may have to incur in defending himself. What is a matter of greater concern to note is that there is no explanation whatsoever from the side of the investigating agency as to the reasons for non-completion of investigation for all these years. Be it noted here that save and except the offence under Section 506, all the other offences alleged to have been committed by the accused namely, Sections 447/379/188/294/353 of IPC, are punishable with imprisonment for terms ranging from one year to three years at the most. So even if a Final Form had been submitted, the concerned Magistrate would have been hard put to take cognizance keeping in view the provisions under Section 468 of Cr.P.C. However, that is beside the point.”
The bench quashing the FIR remarked, “The above inaction on the part of the investigating agency as also of the concerned Court is something that cannot be countenanced in law as the same, if allowed to continue indefinitely, would certainly amount to an abuse of the process of Court. This Court is therefore, convinced that this is a fit case to exercise its inherent powers under Section 482 of Cr.P.C. to put an end to the fiasco, once for all, more so, as the investigation has ended in Final Report True being submitted. In the result, the CRLMC is allowed. The FIR in Chhendipada P.S. Case No. 132 of 2006 is hereby quashed. Consequentially, the Criminal Proceeding in C.T. Case No. 1962/2006 pending in the Court of learned J.M.F.C., Chhendipada is also quashed.”
Picture Source :