Punjab and Haryana High Court Imposes Costs on State for 15-Year Delay in Filing Cancellation Report
Court Orders Recovery from Salaries of Delinquent Officials and Demands Strict Compliance with Circulars to Prevent Future Lapses
In a significant judgment, the Punjab and Haryana High Court has reprimanded the State of Punjab for a 15-year delay in filing a cancellation report related to an FIR registered in 2007. The court has imposed costs on the state and directed recovery from the salaries of the delinquent police officials responsible for the delay.
Justice Sumeet Goel, presiding over the case of Kimti Lal @ Kimti Lal Bhagat v. State of Punjab, highlighted the importance of timely submission of reports by investigating agencies to uphold the rule of law and procedural safeguards. The court emphasized that such delays not only undermine public trust but also constitute an antithesis to the rule of law.
The FIR in question, registered under Sections 323, 341, 506, and 34 of the Indian Penal Code, was subject to a cancellation report prepared by the police in 2007/2009. However, the report was not presented to the court until the intervention of the High Court. The court found the delay unjustifiable and indicative of a lackadaisical approach by the police officials involved.
The court has ordered the State of Punjab to pay costs of Rs. 1 lakh, with Rs. 25,000 to be paid to the petitioner and Rs. 75,000 to the Punjab State Legal Services Authority - Disaster Relief Fund. The state has been given 15 days to deposit the costs and is permitted to recover the amount from the salaries of the responsible officials.
Additionally, the court has directed the Director General of Police, Punjab, to ensure strict adherence to Circular No. 30 of 2025 issued to prevent such lapses in the future. The circular outlines measures for timely submission and tracking of cancellation reports to avoid missing files and procedural delays.
Justice Goel further mandated the DGP to file a compliance affidavit within 90 days, warning of punitive consequences for non-compliance. The judgment underscores the need for an institutional approach to penalize lethargic conduct and promote accountability among law enforcement officials.
The court's decision serves as a reminder to the authorities of their duty to act with dispatch and diligence, ensuring justice is delivered in a timely manner. The judgment is seen as a step towards reinforcing police accountability and procedural integrity within the state's judicial system.
Bottom Line:
Delay in submission of final report/cancellation report by investigating agencies undermines the rule of law and procedural safeguards. Courts may impose costs to curb lethargic conduct of officials.
**Statutory provision(s):** Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 323, 341, 506, 34
Kimti Lal @ Kimti Lal Bhagat v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2782240
