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Patna High Court

SUJEET KUMAR YADAVversusTHE STATE OF BIHAR, THROUGH THE HOME SECRETARY, HOME DEPARTMENT, BIHAR, PATNA.

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The FIR dated 2019 is quashed with respect to the petitioner due to inordinate delay and procedural deficiencies.

Summary

The petitioner, Sujeet Kumar Yadav, owner of two trucks, filed an application to quash FIR No. 489 of 2019 registered by Parbatta Police Station for alleged theft and related offences under IPC sections 379, 120(B) and 34. He contended that the trucks were seized without any official seizure list and that the investigation had remained pending since 2019 with no charge sheet filed, amounting to an inordinate delay. Relying on several Supreme Court precedents, he argued that such unexplained delay violated his right to a speedy trial under Article 21 of the Constitution. The High Court examined the delay, the absence of a seizure record, and the precedents on speedy justice, and concluded that judicial interference was warranted. Consequently, the court quashed the FIR with respect to the petitioner and allowed the application.

Issues considered

  • Whether the unexplained delay in investigation and filing of charge sheet violates the petitioner’s right to a speedy trial under Article 21.
  • Whether the absence of a seizure list and lack of substantive investigation justify quashing the FIR.
  • Whether the FIR should be dismissed solely for the petitioner despite the pending investigation.

Legislation cited

Subjects

  • speedy trial
  • Article 21
  • quashing FIR
  • investigative delay
  • IPC theft
  • criminal procedure
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73420 of 2023
                     Arising Out of PS. Case No.-489 Year-2019 Thana- PARBATTA District- Khagaria
                 ======================================================
                 SUJEET KUMAR YADAV S/O SHRI VIJAY PRASAD YADAV R/O
                 CHAUDHANDIH PARHO, SAPAHI, P.S- DOMCHANCH, DISTT.-
                 KODERMA (JHARKHAND).

                                                          ... ... Petitioner/s
                                          Versus
           1.    THE STATE OF BIHAR, THROUGH THE HOME SECRETARY, HOME
                 DEPARTMENT, BIHAR, PATNA. BIHAR
           2.    THE SUPERINTENDENT OF POLICE, KHAGARIA. BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjit Kumar Singh
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   30-03-2026                  Heard learned counsel folr the petitioner and the

                   State.

                                2. The present application has been filed for quashing

                   of the F.I.R. bearing Parbatta P.S. Case No. 489 of 2019

                   registered for the offences punishable under Sections-

                   379/120(B)/34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that he is

                   owner of trucks bearing registration Nos. JH12G-5861 and

                   JH12G-5295.

                                4. Allegation is that those trucks were seized but

                   taking the benefit of dark at night, the driver and the owner fled

                   away with the trucks. Learned counsel for the petitioners states
Patna High Court CR. MISC. No.73420 of 2023(2) dt.30-03-2026
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          that since 2019, the case is pending for submission of charge

          sheet and the investigation has yet not been concluded. Counsel

          for the petitioner further submits that there is no seizure list of

          trucks, in question and thus, the story of seizure itself is without

          any basis. Moreover, the Hon’ble Supreme Court on number of

          occasions has deprecated long duration of the investigation and

          quashed the cases on the basis of the same.

                       5. Learned counsel for the petitioner has relied several

          decisions in support of his case which are as follows:

                            In Santosh De v. Archana Guha, 1994 Supp

                          (3) SCC 735, in which, the Hon’ble Supreme

                          Court held that an unexplained delay of about 8

                          years between committal and framing of

                          charges, attributable solely to the prosecution,

                          amounts to a violation of the accused’s right to

                          a speedy trial. Such delay, not being systemic

                          but due to prosecutorial default, infringes

                          Article 21.

                           Likewise,       in     the    case   of   Robert

                          Lalchungnunga Chongthu v. State of Bihar,

                          2025 SCC OnLine SC 2511, has also been

                          relied upon in which, relying on Sovaran Singh

                          Prajapati v. State of U.P., the Court reiterated

                          that investigation and trial must be conducted
Patna High Court CR. MISC. No.73420 of 2023(2) dt.30-03-2026
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                          with promptitude, and that the right to speedy

                          trial is a fundamental right under Article 21. It

                          was     emphasized       that    unreasonable    and

                          unexplained delay may justify quashing of

                          proceedings, though delay alone is not

                          conclusive and must be assessed in the totality

                          of circumstances. The Court further stressed

                          the duty of courts to seek explanation for delay

                          and ensure accountability.

                            In Srinivas Gopal v. Union Territory of

                           Arunachal Pradesh, (1998) 4 SCC 36, the

                           Hon’ble Supreme Court held that where

                           there is an inordinate and unjustified delay

                           of about 9½ years in a minor offence, such

                           delay itself violates Article 21, and technical

                           issues like cognizance or limitation become

                           secondary. Speedy justice being a sine qua

                           non of Article 21, proceedings deserve to be

                           quashed.

                            In State of A.P. v. P.V. Pavithran, (1990) 2

                            SCC 340, it was held that prolonged and

                            lethargic investigation, causing mental

                            stress and prejudice to the accused,

                            especially     due     to     inaction   of   the
Patna High Court CR. MISC. No.73420 of 2023(2) dt.30-03-2026
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                            investigating      agency,     justifies     judicial

                            intervention, including quashing, to protect

                            Article 21 rights.

                             In Vakil Prasad Singh v. State of Bihar,

                            (2009) 3 SCC 355, the Court reaffirmed

                            that speedy investigation and trial are

                            integral to fair, just and reasonable

                            procedure under Article 21, and any

                            procedure that permits undue delay

                            cannot be sustained constitutionally.

                              In    Pankaj        Kumar        v.    State   of

                             Maharashtra, (2008) 16 SCC 117, the

                             Hon’ble Supreme Court held that the

                             right to speedy trial extends even to the

                             stage of investigation, and in cases of

                             violation,     courts       must       assess   all

                             circumstances;         if    infringement        is

                             established,      proceedings           may     be

                             quashed      or      appropriate        directions,

                             including time-bound trial, may be

                             issued.

                  6. Taking into consideration of the submissions advanced

          on behalf of the petitioner as also the laws cited by the

          petitioner,      this court is of the view that in this case,
            Patna High Court CR. MISC. No.73420 of 2023(2) dt.30-03-2026
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                      interference is required.

                                     7. Accordingly, the F.I.R. being Parbatta P.S. Case

                      No. 489 of 2019 is hereby quashed with respect of the

                      petitioner only and the present application is allowed.



                                                       (Ansul, J)
A.K.V.//-

U      T


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