NO JUSTIFICATION FOR SUBJECTING CITIZEN TO INDEFINITE PERIOD OF INVESTIGATION: PUNJAB AND HARYANA HIGH COURT

In a very significant step, we saw how it was none other than the Punjab and Haryana High Court which in a most learned, laudable, landmark, logical and latest oral judgment titled Parminder Singh @Dimpy vs State of Punjab and Another in CRMM-46017-2019 (O&M) and cited in Neutral Citation No.: 2023:PHHC:146633 that was pronounced as recently as on November 17, 2023 has quashed a 15-year-old FIR that was registered against the petitioner for allegedly setting two vehicles on fire under Sections 436 and 120B of the IPC after the investigation was delayed for more than 15 years even though the petitioner was declared innocent. 

- SANJEEV SIROHI

INTRODUCTION 

The Court held that there was no justification for subjecting a citizen to an indefinite period of investigation and the Investigating Agency cannot be allowed to perpetuate illegal inaction and inflict more misery on the petitioner in violation of his right to life and liberty under Article 21 of the Constitution of India. It must be also disclosed here that the petitioner in this leading case is Parminder Singh alias Dimpy who was booked on April 14, 2008 under Section 436 (mischief by fire or explosive substance with intent to destroy house etc.), and 120 B (criminal conspiracy) of IPC at Maqsudan Police Station in Jalandhar district of Punjab. The petitioner thus moved the High Court to quash the FIR which was accordingly quashed.

At the very outset, this brief, brilliant, bold and balanced oral judgment authored by the Single Judge Bench comprising of Hon’ble Mr Harpreet Singh Brar of Punjab and Haryana High Court sets the ball in motion by first and foremost putting forth in para 1 that, “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

To put things in perspective, the Bench envisages in para 2 that, “The aforementioned FIR was registered on the statement of Kashmir Singh, which is as under: