Case Note & Summary
The applicant, Nitin Baliram Kharatmol, a driver by profession, was involved in a motor vehicle accident on 30th November 2005, leading to the registration of FIR No.355 of 2005 at R.A.K. Marg Police Station, Mumbai, for offences punishable under Sections 279 and 338 of the Indian Penal Code, 1860, and Section 134 of the Motor Vehicles Act, 1988. He was arrested and released on bail the same day. The police prepared a charge sheet on 27th December 2005, but it was never filed in court. Over the years, the applicant applied for a job as a driver with Bhabha Atomic Research Centre (BARC), Mumbai, and was selected. However, BARC's antecedent verification revealed the pending criminal case, and by letter dated 19th June 2013, BARC asked the applicant to submit the charge sheet and related documents for further decision. The applicant then sought information from the police, who by letter dated 6th July 2013 stated that there was no record of the charge sheet being filed. The applicant filed a miscellaneous application before the Metropolitan Magistrate, 13th Court, Dadar, Mumbai, seeking discharge on the ground that cognizance was barred by limitation. On 24th December 2014, the police submitted a report to the magistrate confirming that the charge sheet was prepared but not filed. The applicant then approached the Bombay High Court under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR and all proceedings. The High Court noted that more than ten years had passed since the FIR was registered, the charge sheet was never filed, and no cognizance was taken. The court held that the inordinate delay and the failure to file the charge sheet amounted to an abuse of the process of court, and the proceedings were causing prejudice to the applicant's employment. Consequently, the court quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Inordinate Delay - FIR registered in 2005 for offences under Sections 279 and 338 IPC and Section 134 Motor Vehicles Act, 1988 - Charge sheet prepared but not filed in court - No progress for over a decade - Applicant facing prejudice in employment - Held that continuation of proceedings would be an abuse of process of court, hence FIR and proceedings quashed (Paras 1-9).
Issue of Consideration
Whether criminal proceedings arising from an FIR registered in 2005 should be quashed on the ground of inordinate delay and non-filing of charge sheet, causing prejudice to the applicant's employment prospects.
Final Decision
The FIR No.355 of 2005 registered at R.A.K. Marg Police Station and all consequential proceedings are quashed.
Law Points
- Inordinate delay in filing charge sheet
- abuse of process of court
- quashing of FIR under Section 482 CrPC
- Section 468 CrPC bar on cognizance after limitation period
