'Direct Affront To Right To Speedy Trial': Orissa HC Quashes 'Criminal Intimidation' Case As Police Took 15 Yrs To Complete Probe

The Bench of Justice Sashikanta Mishra termed it as a direct affront to the cherished principle of the right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India.

"It goes without saying that the Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it…" the Court observed as it asked the higher police authorities to take note of such inaction on the part of the investigating officer (s) and pass appropriate orders to be followed by all concerned so that such incident don't occur in future

The case in brief

Essentially, the Bench was dealing with the case of one Binod Bihari Sethy against whom an FIR was lodged in October 2006, leading to registration of case for offence under Sections 447/379/188/294/535/506 of IPC.

The Final Report was submitted in the case after more than 15 years and therefore, citing the inaction of the investigating agency as a ground for quashing of the FIR and the consequential criminal proceedings, the petitioner moved a Section 482 Cr.P.C. application.

It was the contention of the petitioner that he is presently aged about 72 years and has been going through tremendous mental strain and anxiety because of the pendency of the criminal case and the uncertainty attached to it.

On the other hand, the Additional Standing Counsel contended that no time limit is prescribed for the conclusion of a criminal proceeding and thus, for a mere delay in submission of Final Form or Final Report, a case can't be quashed.

Court's observations

At the outset, the Court, taking into account the facts of the case that the investigation in the matter continued for as long as 15 years, remarked thus:

"One can only imagine the stress that the petitioner would have undergone during all these years with the 'Sword of Damocles' hanging over his head. As highlighted by the Apex Court, pendency of a criminal proceeding, irrespective of the nature of the offence alleged, are sufficient to cause concern, anxiety and apprehension in the mind of the accused not to speak of the expenses that he may have to incur in defending himself. What is a matter of greater concern to note is that there is no explanation whatsoever from the side of the investigating agency as to the reasons for non-completion of investigation for all these years."

Against this backdrop, the Court held that the inaction of the investigating agency to conclude the investigation for as long as 15 years, that too, without offering even a semblance of explanation is a direct affront to the cherished principle of the right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India.

Further, the Court was also of the opinion that the Court below ought to have called for a report from the I.O. as to the status of investigation instead of giving him a free hand to do as he pleases.

"What is even more disturbing is that after submission of the Final Report on 31.12.2019, notice was supposedly issued to the informant calling upon him to file protest petition but alas, three more years have elapsed in the meantime with the matter being left in a state of suspended animation as it were," the Court noted as it allowed the plea and the FIR, along with the connected Criminal Proceeding was quashed.

Case title - Binod Bihari Sethy v. State of Odisha
Case Citation: 2022 LiveLaw (Ori) 1

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