The right to a speedy trial is fundamental under Article 21, and prolonged investigations without justification violate this right, warranting the quashing of FIRs.

Judgment

Mr. Harpreet Singh Brar, J. (Oral):- The petitioner has approached this Court by filing the present petition under Section 482 of Cr.P.C. seeking quashing of FIR No. 78 dated 14.04.2008 (Annexure P-1) registered under Section 436, 120-B of Indian Penal Code (Sections 435/457/456/427 of IPC added later on) at Police Station Maqsudan District Jalandhar along with all subsequent proceedings arising out of the impugned FIR and further quashing of the order passed by learned Judicial Magistrate Ist Class, Jalandhar, dated 08.03.2019 (Annexure P-3) is also sought.

FACTUAL BACKGROUND

2. The aforementioned FIR was registered on the statement of Kashmir Singh, which is as under:

“I am truck driver by profession. I own two trucks, bearing no. HR 56-B- 5815 and HR 56C-5815. I drive one truck myself and for second truck I have kept one driver. I park my both the trucks above- mentioned daily at Gill cold storage, Kala Sanghian. Today I parked my both the trucks and went to my house. Then at about 3;00A.M on dated 14.4.2008, surinder singh son of shri Amar singh resident of village Dhariwal told me by coming to my house that your both the trucks are burning. I came alongwith surinder singh and saw that my both the truck were burning and officials of fire brigade are extinguishing the fire. I have fully faith that my both the trucks have been burnt by Parminder singh Dimpy son of pritam Singh Resident of Village Dhariwal Quadian and in connivance with his friends. The motive behind all is that on 12.4.2008, a minor dispute arose between me and Parminder Singh Dimpy and owner of Gill farm Raghbir Singh and respectable of village got compromised the matter orally. I am present on the spot alongwith Surinder Singh. The officials of fire brigade have left the place after extinguish the fire. You have come to spot. Legal action be taken against Dimpy @ Parminder Singh and his friends.”

CONTENTIONS

3. Learned counsel for the petitioner inter alia contends that the perusal of the FIR would indicate no specific allegation are made out against the petitioner. The police after completion of the investigation declared the petitioner as innocent as discernible from the report of the Superintendent of Police, City-2, Jalandhar dated 02.01.2009 (Annexure P-2). Thereafter, after completion of the investigation, untraced report was submitted before the learned Judicial Magistrate Ist Class Jalandhar. 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. The learned trial Court vide order dated 08.03.2019 passed the following orders:

“Notice issued to complainant several times, but received back unserved and police authorities has failed to produce the complainant, which clearly reveals that the police authorities were never serious in investigating the offence. Further perusal of untrace report reveals that the same has been presented in hap hazard manner sans of any proper investigation. Hence, the present untrace report is sent back to the concerned police station for thorough further investigation. Untrace report be returned to the said police station with the copy of this order. Judicial papers be consigned to the record room.”

4. The learned counsel for the petitioner further refers to the reply filed by the State of Punjab by way of affidavit of Deputy Superintendent of Police, Sub Division Kartarpur, District Jalandhar dated 06.03.2022. The para No. 3 and 4 of the reply indicates that the petitioner was declared innocent in the year 2009. Thereafter, untraced report was presented in the present FIR before the learned Illaqa Magistrate. Further it has been recorded in para 04 of the reply that after inquiry, the petitioner has been found innocent and as such untraced report has been prepared in the present case and allegations levelled by responde