Police Cancellation Report Undecided For 2 Years; P&H HC Directs Moga Magistrate To Decide It Within 2 Months

FIR No. 138 dated 02.12.2010 was registered at Police Station Nihal Singh Wala under Sections 186, 353 and 506 IPC.

After investigation, the police submitted a cancellation report, which the Sub-Divisional Judicial Magistrate returned on 26.11.2021, directing further investigation.

A further cancellation report was submitted on 15.09.2024, but the Magistrate had not decided it for more than two years.

The petitioners sought a direction for its time-bound disposal; the State raised no serious objection.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) was invoked for the Court’s inherent jurisdiction to grant appropriate relief.

Article 21 protects the right to a speedy trial, which extends through investigation, inquiry and trial; the court must assess delay in light of the circumstances of the case.

Kartar Singh v. State of Punjab, 1994(2) RCR 169, and Abdul Rehman Antulay v. R.S. Nayak, 1992(2) RCR 634, were relied on for these principles and for the proposition that, where appropriate, a court may direct proceedings to conclude within a fixed time.

The cancellation report had been before the Magistrate since 15.09.2024, yet no decision had been made and the matter had repeatedly been adjourned for about two years.

The Court considered that delay unjustified and, applying the Article 21 principles concerning expeditious proceedings, held that the report should be considered promptly.

It directed the Magistrate to decide the report by a speaking and well-reasoned order in accordance with law.

The petition was disposed of.