The High Court of Punjab and Haryana quashed a case registered against the petitioner under Sections 436 and 120B of the IPC after the investigation was delayed for more than 15 years even though the petitioner was declared innocent and held that there was no justification for subjecting a citizen to an indefinite period of investigation and the Investigating Agency cannot be allowed to perpetuate illegal inaction and inflict more misery on the petitioner in violation of his right to life and liberty under Article 21 of the Constitution of India.
Brief Facts:
The petitioner filed the present petition under Section 482 CrPC seeking quashing of FIR registered under Sections 436 and 120B of the IPC after it was alleged that the accused had set fire to the complainant’s truck because of personal rivalry, however, the police upon investigation declared the petitioner as innocent. Criminal proceedings have since been continuing whereas the Investigating Agency repeatedly concluded that the petitioner has no connection with the alleged offence.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that no specific allegation had been made out against the petitioner and the police after the investigation had declared the petitioner innocent and the petitioner has been suffering the agony of criminal proceedings for the last more than 15 years and the Investigating Agency has repeatedly concluded that the petitioner has no connection with the alleged offence and untraced report was submitted.
Observations of the court:
The court stated that it is no longer res integra that the fundamental concept of the criminal jurisprudence is to ensure speedy trial and the supreme court has repeatedly reiterated that the right to speedy trial is enshrined under Article 21 and no citizen can be deprived of his liberty under a procedure which is not reasonable, fair or just, such deprivation would be violative of Article 21 of the Constitution of India.
Further, the court referred to the judgment in Maneka Gandhi vs Union of India wherein it was held that Article 21 confers a fundamental right on every citizen not to be deprived of his life or liberty except according to the procedure established by law and such procedure is not merely some semblance of the procedure but such procedure must be reasonable and fair.
The court stated that in the present case, the petitioner has been subjected to unduly prolonged investigation and fairness implicit in Article 21 confers a right on the petitioner to be tried speedily and there is no justification for subjecting a citizen to an indefinite period of investigation. Further, the inaction on the part of the Investigating Agencies and the concerned Court in the present case cannot be accepted and it cannot be and the agency cannot be allowed to perpetuate illegal inaction and inflict more misery on the petitioner in violation of his right to life and liberty under Article 21 of the Constitution of India.
The decision of the Court:
The court allowed the petition, exercised its power under Section 482 and quashed the proceedings against the petitioner.
Case Title: Parminder Singh @ Dimpy vs State of Punjab and anr.
Coram: Hon’ble Mr. Justice Harpreet Singh Brar
Case No.: CRM-M-46017-2019 (O&M)
Advocate for the Petitioner: Mr. Chandan Singh Rana
Advocate for the Respondent: Mr. Madhur Sharma
Read Judgment @LatestLaws.com
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