High court irked over delay in filing of cancellation reports

Makes the disposal process time-bound for investigators as well as courts

CHANDIGARH: The Punjab and Haryana high court has come down heavily on prosecution agencies for dillydallying over the filing of cancellation and untraced reports in criminal cases. Now, the high court has made the disposal process timebound for investigators as well as courts.

“The legitimate expectation that cancellation/untraced reports will be filed by the police and disposed of by the courts/ magistrates without any undue delay is frustrated not by any shortage of infrastructure or men power but by causes attributable to apathy, neglect, lack of coordination and proper management, and giving of due attention with requisite determination of serving the cause of justice for all. The cause of justice suffers by delay in filing of cancellation/untraced reports by the police and disposal of the same by courts/magistrates,” the bench of justice Arun Kumar

Tyagi observed, issuing a slew of directions to police and judicial officers.

The directions came in a criminal case registered in 2016, where proceedings were held up even as the cancellation report had been filed, but the complainant party had gone abroad.

From data submitted in the high court, it had come to light that till January 1, 2021 as many as 25,677 cases were pending for investigation for a period of more than one year in Punjab, 7,598 cases in Haryana and 508 cases in Chandigarh.

The data also revealed that till January 1, 2021, there were 13,872 cancellation/untraced reports prepared but not approved by the superior officers in Punjab; 21,621 cancellation reports and 44,371 untraced reports pending before officers in Haryana and 97 cancellation reports and 265 untraced reports pending before officers in Chandigarh for their approval for submission before court.

There were 10,386 cases in Punjab, where officers had given the go-ahead to submit reports in court, but the needful had not been done; in Haryana’s case 41,147 cancellation reports and 82,856 untraced reports were found such where officers had cleared the reports, but not filed. In Chandigarh, 312 such cancellation and 1,390 untraced reports were found.

In Punjab, reports had been filed in 8,669 cases, but were pending consideration of the judicial officer. In Haryana’s case 221 cancellation and 152 untraced reports were pending before judicial officers and Chandigarh had 74 cancellation reports and 483 untraced reports pending before courts. Some cases were found pending since 2009, before police or courts. Now, the DGPs of both the states and Chandigarh have been asked to issue instructions for timely filing of these reports.