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2003 Supreme(SC) 682

B.N.SRIKRISHNA, B.N.AGARWAL
State Of W. B. – Appellant
Versus
AMIYA KUMAR BISWAS – Respondent


ORDER

1. HEARD LEARNED COUNSEL FOR THE PARTIES.

2. THIS APPEAL HAS BEEN FILED CHALLENGING THE ORDER DATED 28-8-2000 PASSED BY THE CALCUTTA HIGH COURT IN CRR NO. 2620 OF 1996 WHEREBY THE PROCEEDING IN SPECIAL CASE NO.4 OF 1977 UNDER SECTIONS 420 AND 468 OF THE PENAL CODE AND SECTIONS 5(2) AND 5(1)(C) OF THE PREVENTION OF CORRUPTION ACT, AGAINST THE ACCUSED-RESPONDENT WAS QUASHED ON THE GROUND OF INORDINATE A DELAY IN CONCLUDING THE TRIAL. IT APPEARS THAT PROSECUTION WAS LAUNCHED IN THE YEAR 1975 AND AFTER COGNIZANCE WAS TAKEN, THE ACCUSED MOVED THE CALCUTTA HIGH COURT BY FILING A REVISION FOR QUASHING THE PROCEEDING, WHICH WAS DISPOSED OF IN THE YEAR 1990 WITH A DIRECTION TO THE SPECIAL COURT TO CONCLUDE THE TRIAL WITHIN A PERIOD OF SIX MONTHS. SINCE THE TRIAL COULD NOT BE CONCLUDED WITHIN SIX MONTHS, THE ACCUSED UNSUCCESSFULLY MADE A SECOND ATTEMPT BEFORE B THE HIGH COURT FOR QUASHING THE PROCEEDING AND THIS TIME A DIRECTION WAS GIVEN TO CONCLUDE THE TRIAL WITHIN THREE MONTHS BY ORDER DATED 26-10-1995. THEREAFTER THE PROSECUTION EVIDENCE WAS CLOSED, THE ACCUSED ENTERED THE DEFENCE, THE SPECIAL COURT HEARD ARGUMENTS OF BOTH SIDES AND THE CASE WAS RESERVED FOR JUDGMENT. WHEN THE CASE

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