Rajesh Bindal, J. - (1.) PRAYER in the present petition is for quashing of FIR No. 90 dated 3.11.1988 registered under Sections 420, 468, 471 and 380 IPC at police station, Kotwali, Ludhiana against the petitioner and all subsequent proceedings thereto. Briefly the facts are that the impugned FIR came to be recorded on a complaint made by G.S. Aggarwal, Senior Branch Manager, Bank of Baroda, Clock Tower, Ludhiana with the allegation that two draft leaves bearing Nos. DD/87/M/912084 and 912085 were missing from draft book No. DD/87/M/0912001 to 0912100. The FIR did not contain the name of any person who had stolen bank draft. The petitioner, who was working in the bank was later on added as an accused in the FIR.
(2.) THE quashing is prayed for on the ground of delay and laches as a right to speedy trial has been held to be fundamental right by Hon'ble the Supreme Court of India. Learned counsel for the petitioner submitted that earlier he had filed a petition bearing Criminal Misc. No. 17831 -M of 1994 for quashing of the impugned FIR, however, the same was dismissed with liberty to the petitioners file appropriate application before the learned Magistrate for dropping of criminal proceedings against him or his discharge. However, in the application filed by the petitioner, a report was submitted by the police that SI Hari Singh had submitted cancellation report on 7.1.1991 but the record was missing. As the cancellation report had not been submitted to the Court, the application filed by the petitioner for discharge was dismissed.
(3.) PREPARATION of cancellation report by Inspector Hari Singh on January 7, 1991 and also the fact that the petitioner in fact was not named in the FIR is admitted by the State in the written statement. It is further stated that the cancellation report was not traceable in the police station Kotwali, Ludhiana and on a direction of the Senior Superintendent of Police, inquiry was being conducted to fix responsibility of the guilty official and also to trace out the file, if possible. In additional affidavit dated August 16/20, 2007 filed by Babu Lal Meena, IPS, Assistant Superintendent of Police, City -I, Ludhiana, it is stated that the misplaced file could not be traced despite best efforts and the same has been reconstructed as per rules. The cancellation report in terms of the reconstructed file has been forwarded to the Court for further proceedings.;