JUDGMENT :

This W.P.(Crl.) has been filed to quash the entire proceedings pursuant to Ext.P1 FIR in Crime No.147/2002 of Thenmala Police Station on the ground of inordinate delay in completing the investigation and submitting the final report.

2. A crime was registered against the petitioner at the Thenmala Police Station for the offences punishable under Sections 498A and 306 of the IPC as early as in the year 2002.

3. Originally, the crime was registered under Section 174 of the Cr.P.C. in connection with the suicide committed by the wife of the petitioner. Thereafter, the offences punishable under Sections 498A and 306 of the IPC were incorporated.

4. After the investigation, the final report was submitted at the Judicial First Class Magistrate Court-I, Punalur on 30.12.2003. It was returned noting certain defects. So far, it has not been resubmitted curing the defects even though more than 20 years have been elapsed.

5. I have heard Sri. Abdul Jawad K., the learned counsel for the petitioner and Sri. P.G. Manu, learned Senior Public Prosecutor.

6. When the case came up for hearing on the last posting date, I had directed the SHO, Thenmala Police Station to offer explanation as to why the final report could not be resubmitted for the last 18 years. Accordingly, he has submitted a detailed report offering explanation.

7. The explanation offered by the SHO, Thenmala Police Station would show that, after the investigation, initially, the final report was filed at the Judicial First Class Magistrate Court-I, Punalur on 30.12.2003. However, the learned Magistrate returned the final report on 16.5.2006 as it was not accompanied by the FIR and other related documents initially submitted before the Sub Divisional Magistrate, Kollam. Thereafter, the learned Magistrate in C.M.P.No.950/2020 gave a direction to the SHO, Thenmala Police Station to collect all records and to re-present the final report as early as possible. As per the said direction, the final report was resubmitted on 17.4.2021, that too after the elapse of 15 years of its return. But the said final report was also returned on 21.4.2021 with specific remarks for not attaching copy of the final opinion of item Nos.11, 12, 16 and 10. Thereafter, it has not been resubmitted so far.

8. In the report, the SHO has stated that, the original CD file itself is missing and only record available is the returned final report and statement. It is further stated that the CD files and MOs kept in the thondi room of the Thenmala Police Station have been perished irretrievably owing to the leakage of the roof and he suspects that the CD file in Crime No.147/2002 is also lost irrecoverably.

9. As stated already, it is a case where the crime was registered as early as in the year 2002 and the final report could not be submitted by the police even after the lapse of 20 years. According to the petitioner, he has been suffering from mental trauma for these years as he had been put under the shadow of accusation before the society at large. He submits that his right to clear his name off the accusation at the earliest has been denied by the latches on the part of the investigating agency.

10. The petitioner was working as Lower Division Clerk at the time of his wife's death. He was arrested during investigation. He was suspended from service consequent to his arrest from 15/7/2002 to 17/7/2003. He was reinstated in service pursuant to an order of this Court. It is submitted that the period of suspension has not been regularized so far and it can be regularized only upon culmination of trial of the case. According to the petitioner, the pending investigation has prejudicially affected his service prospects. It is alleged that each time his promotion was deferred due to the pendency of the case.

11. The delay in completing the investigation and resubmitting the final report cannot in any way be attributed to any act of the petitioner. There is no proper explanation whatsoever for the delay by the investig