S.S.GREWAL, J. - (1.) THIS petition under section 482 of the Criminal Procedure Code (hereinafter referred to as the Code) relates to quashment of First Information Report No. 74 dated 4-1-1978, recorded under Sections 409, 420 468 and 120B of the Indian Penal Code, at Police Station Kotwali, Patiala. In brief the facts relevant for the purpose of this case are, that the impugned FIR was lodged at the police station on the complaint made by the Depot Manager, Pepsu Roadways Transport Corporation. Patiala with the Senior Superintendent of Police, Patiala concerning embezzlement of 10,000/- litres of high speed diesel, valued at Rs. 13,398/- against the petitioner and others, including some employees of the said Corporation. The said embezzlement was committed on 4-1-1978. False entries with regard to purchases and supply said to have been made, were wrongly verified by the petitioner who was employed as Junior Auditor with the said Corporation, even though supply of 10,000 litres of high speed diesel was never poured in the diesel pump at Bus Stand, Patiala belonging to the said Corporation. Rather, the aforesaid quantity of diesel was sold elsewhere with the connivance of other officials of the suppliers. Similarly, invoice for receipt of the aforesaid 10,000 litres of high speed diesel was wrongly processed and wrongly checked by the present petitioner.
(2.) IN its reply, the State admitted the registration of the case against the petitioner and other co-accused. It was pleaded that the aforesaid case was investigated and untraced report was sent on 25.2.1983 due to non-availability of some record. Later on, some documents were traced and investigation was started again and the same is still pending. Counsel for the parties were heard. On behalf of the petitioner, it was contended that the allegations in the impugned FIR concerning the commission of offence under Sections 409,420, 468 and 120B of the Indian Penal Code relate to January, 1978, whereas the case was registered by the Police on 16 2-1978. It was further submitted that even after expiry of mere than 11-1/2 years, no challan has been presented against the petitioner by the investigation agency in Court. The explanation furnished by the State regarding their glaring negligence is hardly plausible. After registration of the case, investigation lingered on till the investigating agency submitted the untraced report in this case on 25-2-1983 due to non-availability of some record. Lateron, certain documents were traced and the investigation recommenced, but the same has not been completed so far even though period of more than 11-1/2 years has elapsed since the registration of the case. This is a clear violation of the constitutional guarantee of speedy trial, contemplated under Article 21 of the Constitution of India, as held by this Court in Jasbir Singh v. State, 1988 Chandigarh Criminal Cases 298 Amar Nath and others v. State of Punjab, 1987(1) Chandigarh Criminal Cases 113 and Avtar Singh v. The State of Punjab, 1989(2) RCR(Crl.) 676 (P&H) : 1989(1) SPJ 665.
(3.) FOR the foregoing reasons, the impugned FIR against the petitioner is directed to be quashed and this petition is accordingly allowed.;