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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kimti Lal @ Kimti Lal Bhagat – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for cancellation report reflects resolution of fir. (Para 1 , 2) |
| 2. delay in filing cancellation report questioned. (Para 3 , 4) |
| 3. court highlights the necessity of diligence in prosecution. (Para 5 , 6 , 7) |
| 4. court imposes costs due to state inaction. (Para 8) |
JUDGMENT :
SUMEET GOEL, J.
1. The petition in hand, has been filed under Section 528 of BNSS , 2023 with the following substantive prayer:
“It is, therefore, respectfully prayed that present petition may kindly be allowed and appropriate directions may kindly be issued to the respondents to present cancellation report or the status report in case FIR No.281 (Annexure P-1) dated 09.08.2007, under Sections 323, 341, 506, 34 of IPC, registered at Police Station Division No.6 Jalandhar, District Jalandhar as the matter has already been compromised between the petitioner and the complainant-respondent No.6 and even the investigation Agency prepared cancellation report way in the year 2007 itself, but was not presented before the Court till date and the petitioner is suffering the agony of the present case since last about 18 years, in the interest of justice.”
2. The factual milieu of the petition in hand re
The State has a duty to act diligently in filing cancellation reports to uphold the rule of law; excessive delays undermine public trust.
The court established that due process must be followed in disciplinary inquiries, ensuring that individuals have the opportunity to defend themselves against allegations.
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
The commencement of the period of limitation for filing the Kalendra under Section 182 IPC starts from the date of preparation of the cancellation report, as per the legal provisions of Sections 468 ....
Court directs police to file final or closure report within six months under Section 528 BNSS due to investigation delay.
Court directs police to file final or closure report within three months in pending investigation.
The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
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