Case Note & Summary
The present appeal arises from an order dated 26.06.2025 of the High Court of Gujarat at Ahmedabad dismissing a writ petition filed by the predecessor of the appellants. The original complainant (father of the appellants) had instituted a criminal complaint on 14.09.2007 before the Judicial Magistrate First Class, Bhiloda, against respondents no. 1 to 4 under Sections 120B, 406, 420, 463, 468, 471, and 114 of the Indian Penal Code, 1860. The complaint alleged that while the complainant was on Haj pilgrimage from 05.02.2002 to 21.03.2002, the accused persons forged his signature and prepared a forged partition deed and a bogus sale deed regarding the subject property, Survey No. 761, Bhiloda Village, which was self-acquired by him on 11.12.1975. On the basis of such forgery, their names were entered into the Revenue Records. On 10.10.2014, the police presented a C-Summary before the JMFC, which was rejected, and further investigation was directed to be concluded within 60 days. Thereafter, upon an application by the original complainant, the High Court on 20.07.2017 directed preparation of the investigation report within six weeks, noting that some material had gone missing. Despite these directions, no charge-sheet was filed. The appellants, as legal representatives of the original complainant, filed a writ petition seeking direction to respondent no. 6 (the investigating officer) to file the charge-sheet. The High Court dismissed the petition, leading to the present appeal. The Supreme Court granted leave and allowed the appeal, setting aside the impugned order. The Court observed that there has been an inordinate delay of nearly two decades in the investigation, which compels interference. The Court directed respondent no. 6 to file the charge-sheet within six weeks from the date of the order, failing which the appellants would be at liberty to approach the appropriate forum for contempt proceedings.
Headnote
A) Criminal Procedure - Investigation Delay - Speedy Investigation - Indian Penal Code, 1860, Sections 120B, 406, 420, 463, 468, 471, 114 - The original complainant filed a complaint in 2007 alleging forgery of property documents. Despite repeated directions, the police failed to file a charge-sheet for nearly two decades. The Supreme Court held that such inordinate delay amounts to denial of justice and directed the investigating officer to file the charge-sheet within six weeks. (Paras 2-7) B) Criminal Procedure - Writ Jurisdiction - High Court - The High Court dismissed the writ petition seeking direction to file charge-sheet. The Supreme Court set aside the impugned order, noting that the delay was unjustified and the High Court ought to have intervened to ensure completion of investigation. (Paras 3, 7)
Issue of Consideration
Whether the High Court was justified in dismissing the writ petition seeking direction to file charge-sheet despite inordinate delay of nearly two decades in investigation of the criminal complaint.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and directed respondent no. 6 to file the charge-sheet within six weeks from the date of the order. If not filed within that period, the appellants are at liberty to approach the appropriate forum for contempt proceedings.
Law Points
- Justice delayed is justice denied
- Inordinate delay in investigation
- Right to speedy investigation
- Direction to file charge-sheet
