Himachal Pradesh High Court Quashes 15-Year-Old Untraceable FIR, Orders Passport Issuance
The Himachal Pradesh High Court has quashed a 15-year-old First Information Report (FIR) for theft that had remained uninvestigated, ruling that a person cannot be permanently condemned solely because a case was filed against them. The pending FIR had previously led to the rejection of the petitioner's passport application.
Justice Rakesh Kainthla, on July 13, heard a plea from the man seeking to quash the FIR, as no legal proceedings had taken place since its registration and the case records were untraceable at both the police station and the trial court.
In his order, Justice Kainthla stated: “No proceedings are being conducted against the petitioner, and only the FIR is shown to be pending against the petitioner, which would not be taken to the logical conclusion in the absence of the record. The petitioner cannot be condemned forever simply because an FIR was lodged against him, and the continuation of the FIR cannot be permitted.”
The court emphasised that keeping the FIR alive without any progress would be unjust, especially since it had effectively denied the petitioner his right to obtain a passport. The ruling underscores the principle that individuals should not face indefinite consequences from dormant legal proceedings.
The High Court therefore quashed the FIR and directed the authorities to process the petitioner's passport application without delay, removing any hindrance caused by the now-defunct case.
