SC1701 (39)
ACT:
Code of Criminal Procedure , 1973: Sections 173 and
Investigation--Inordinate delay--Whether ipso facto a ground
quashing of F.I.R.--Factors ... Speed.,v investigation and trial--Necessity for.
Constitution of India, 1950.' Article 21-- Right to
speed), investigation and fair trial--Delayed or protracted
investigation
quash the same on the ground of inordinate and unexplained delay in completing the investigation.
PRAYERS : Criminal Revision Petitions filed under Sections ... inordinate delay. It is contended that the petitioner cannot be held to be liable for such an inordinate delay in completing the investigation and filing
considering
grievance either of non-registration of cognizable offence or
improper/delayed investigation.
1.2 Other question is of nature and extent of jurisdiction available ... conclusion of investigation except stipulating in Sec.173(1) that
every investigation under Chapter XII shall be completed without
unnecessary delay. Non-prescription
attributed to the investigating agency of
the State. That apart delay in investigation by itself cannot
give rise to a cause of action to claim ... argued by the
learned counsel for the respondents that the delay in
investigation by itself amounts to negligence on the part of
the investigating agency
immense delay in the making of the said statements.
37. Mr. Sharan has submitted that the delay in the conduct of
the investigation ... submits that petitioner has had no role to play in the delay in
investigation of the alleged offences.
39. In support of his submission regarding
those cases where 156(3) application
complains of improper and/or delayed investigation
but not in cases where application u/S.156(3) relates
exclusively ... conclusion of investigation except stipulating in
Sec.173(1) that every investigation under Chapter XII
shall be completed without unnecessary delay. Non-
prescription
second category of cases petitioners allege delay in
investigation, arrest of accused, and filing of charge-sheet as the case
may be. They ... delay/laches in
initiating criminal prosecution, for example, over 3 months' delay
in reporting the matter without satisfactorily explaining the
reasons for delay
Police Officer on Completion of Investigation-- (1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) As soon ... Rule 173 :-
"173. Completion of investigation.-- (a) Investigation shall be completed with the least possible delay. Where cases are unimportant, where prima facie
honour killing require fast track investigation by
Special Investigation Teams having members with requisite expertise
without any undue delay in investigation and unwarranted sympathy
with ... cases are pending for investigation. In such cases the
investigation has been ordered to be carried out by Special
Investigation Team (SIT) headed by Deputy
Police Officer on Completion of Investigation- (1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) As soon ... part of Rule 173:
173. Completion of investigation.- (a) Investigation shall be completed with the least possible delay. Where cases are unimportant, where prima facie
