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2007 Supreme(Pat) 582
PATNA HIGH COURT
Mridula Mishra, J.
Om Prakash Chaudhary
Versus
State Of Bihar
Criminal Miscellaneous No. 18859 of 2002 ;
Decided On : MARCH 21, 2007
Delay in prosecution can lead to quashing of criminal proceedings.
Headnote:
Quashing - Criminal Proceedings - Prosecution Delay
Fact of the Case:
The petitioner filed an application to quash the first information report and criminal proceedings arising from allegations of defalcation of funds in 1987. The investigation proceeded leisurely, and no charge-sheet was submitted until 2002. The case remained pending due to lack of prosecution sanction.
Finding of the Court:
The court found that the state prosecutor had not taken proper and speedy action for prosecution, and therefore quashed the first information report and the entire criminal proceedings.
Issues: Delay in prosecution sanction, Quashing of criminal proceedings
Ratio Decidendi: The state prosecutor cannot file a criminal case and leave it without taking proper and speedy action for prosecution. Delay in prosecution can lead to quashing of criminal proceedings.
Final Decision: The court allowed the application and quashed the first information report and the entire criminal proceedings.
1. Heard the counsel for the petitioner and the counsel for the State.
2. This application has been filed by the petitioner for quashing the first information report of Civil Lines PS. Case No. 259 of 1987 and entire criminal proceeding arising out of this case. The case was instituted for offences under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code alleging that the petitioner and one Ram Gulam, District Welfare Officer, Gaya, had defalcated an amount of Rs. 19,720/-. After institution of the case in the year 1987, the investigation proceeded leisurely. No charge-sheet was submitted and finally in the year 2002 petitioner filed this application for quashing the first information report. During the pendency of this application when the counsel for the State was directed to file counter affidavit and inform the Court regarding the development made in the case, it was informed that on 16.11.2004 charge-sheet has been submitted. After submission of the charge-sheet the case is still pending at same stage for the reason that there is no sanction for prosecution. Counsel appearing for the State has stated that concerned record of the case is not available and it is difficult to say whether there is or not any sanction for prosecution. This submission has been made by the counsel for State on the basis of instruction received through letter.
3. The State as a prosecutor cannot be allowed to avail such luxury of filing a criminal case against a person and leave it without taking any proper and speedy action for prosecution in accordance with law.
4. Considering the facts of the case the first information report of Civil Line PS. Case No. 259 of 1987 as well as the entire criminal proceeding arising of this case is quashed.
5. This application is allowed.
