This is an application under Section 482, Cr. P.C, for quashing the investigation in connection with Gosaigaon police Case No. 33 (3) of 1976 under section 406, IPC now transferred to Turshibil Police Station. 2. The fact of the case may briefly be stated. On receipt of 8(eight) ejahars dated 22.4.76, Gosaigaon Police Station registered Case No. 33(3) of 1976 against the petitioner Ajit Kumar Banerjee to the effect that the petitioner had committed a crime of misappropriation of Rs. 5813.08 belonging to Sapatgram Town Committee during the period of about 9 years from 1.7.67 to 31.3.76. The petitioner at the relevant time was a Tax Collector of the Town Committee. He retired from his services on 31.3.76. 3. Mr. S.K. Sen the learned counsel for the petitioner has submitted that the investigation is liable be quashed for the reason that the investigation has been pending for the last more then 10 years and the charge sheet has not been submitted; and that the cognizance of there offence would be barred under section 468, Cr. P. C. 4. The learned Public prosecutor, Assam has admitted the position that the charge sheet has not been submitted and that investigation is pending. But his contention is that this Court has no jurisdiction to interfere with the investigation. 5. It is settled that although the Cr.P.C. gives to the police unfettered power to investigate all the cases where they suspect that a cognizable offence has been committed, in appropriate case, the High Court can interfere with the investigation (See S. N. Sarma vs. Bipen Kumar, AIR 1970 SC 786 and State of West Bengal vs. Swapan Kumar, AIR 1982 SC 949 ). 6. The next question which arises for consideration is whether in the present case the High Court shall invoke its power enabling in that behalf to quash the investigation. 7. Offence under section 406, IPC is punishable with imprisonment for 3 years, or fine or both. The ejahar were lodged on 22.4.76. Even assuming that the limitation starts to run from 22.4.76, to take cognizance of the offence under section 406 today or on a future date will be barred by section 468, Cr.P.C. unless an offence which is not covered by section 468, Cr.P.C. is found in the course of investigation.
The ejahar were lodged on 22.4.76. Even assuming that the limitation starts to run from 22.4.76, to take cognizance of the offence under section 406 today or on a future date will be barred by section 468, Cr.P.C. unless an offence which is not covered by section 468, Cr.P.C. is found in the course of investigation. Although S. 473 Cr.P.C. provides for extension of a period of limitation in certain cases, to extend the period of limitation in such a case will not be in the interest of justice. 8. It is an established principle that no person can be put in peril of his life and liberty on an ambiguity. In Hussainara Khatoon vs. Home Secretary, Bihar, 1976 UJ (SC) 715, the Supreme Court has held :- "We would, therefore, suggest that in those cases where police investigation has been delayed by over two years, the final report or charge sheet must be submitted by the police with a further period of three months and if that is not done the state Government might well withdraw such cases because if after a period of over two years plus an additional period of three months, the police is not able to file the charge sheet, one can reasonably assume that there is no case against the arrested person." (emphasis aided) 9. In view of the decision in Hussainara (Supra) if the investigation is unreasonably delayed as in the present case, it can be conclusively assumed or presumed that there is no case against the petitioner. That apart, the occurrence took place between 10 to 20 years ago. Assuming that the witnesses are still available, there is uncertainty of the memory of those witnesses. Therefore, the circumstances are likely to prevent a fair trial. In view of "the above discussions, if the investigation is quashed, it will meet the ends of justice. 10. In the result, the investigation in connection with the Gosaigaon Police Case No. 33(3) of 1976 now transferred to Turshibil Police station is hereby quashed.