'Rights Of Complainant-Accused Seriously Prejudiced', High Court Flags Pendency Of Cancellation Report With Police Superintendent For 7 Yrs

Observing that it seriously prejudices the rights of both complainant and accused, the Punjab & Haryana High Court has flagged the issue of cancellation reports pending consideration before concerned Superintendents of Police in Haryana for years.

Cancellation report is filed by the police after investigation when no material is found against the accused to file the chargesheet.

Justice N.S. Shekhawat said, "...this Court has noticed that in several cases the cancellation reports in the State of Haryana remained pending for consideration by the concerned Superintendent of Police of the District for several years and due to this, the rights of the complainant as well as accused are seriously prejudiced."

This not only weakens the case of the prosecution but even the final disposal of a criminal trial gets delayed without any justification, the Court added.

These observations were made while hearing plea seeking direction to transfer probe in a abutment to suicide case to the Central Bureau Investigation Agency, New Delhi or any other independent investigating agency.

During the course of arguments, State counsel submitted that a cancellation report has been prepared in the present case on 15.12.2017, however, the said cancellation report has not been presented before the Court of law.'

The Court remarked, "It is shocking to note that the cancellation report is pending before the Superintendent of Police, Jind for the last seven years."

Reliance was placed on Pankaj Kumar vs. State of Maharashtra and others (2008) wherein Supreme Court emphasized the need for speedy investigation and trials as both are mandated by law and spirit of the provisions of the Code of Criminal Procedure/BNSS and the constitutional protection enshrined in Article 21 of the Constitution of India. 

In the light of the above, the Court directed the Superintendent of Police, Jind, "to file his personal affidavit mentioning (i) the date of receipt of each cancellation report from all police stations of District Jind by the Office of Superintendent of Police, Jind; (ii) date of approval of such cancellation report by the S.P. Office and (iii) the date of presentation of each cancellation report before the competent Court of law, in the last three years."

While adjourning the matter for September 20, the Court said, "In case the affidavit is not filed on or before the next date of hearing, the concerned Superintendent of Police shall personally remain present in the Court, on the next date of hearing."

Title: DHARAM SINGH VS. STATE OF HARYANA AND OTHERS

Click here to read/download the order