IMPORTANT POINTS
Right to speedy trial extends not only to actual criminal proceedings but also includes within its sweep the preceding police investigations as well.
Callous and inordinate delay on the part of the prosecution and not arising from any default on the part of the appellant violates right to speedy trial.

JUDGMENT

D.K. Jain, J. —

1. Leave granted.

2. Challenge in this appeal is to the order dated 9th July, 2007 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.17513 of 1998. By the impugned order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’), seeking quashing of proceedings pending against him in Special Case No. 29 of 1987 before the Special Judge, Muzaffarpur for allegedly committing offences under Sections 161 (before its omission by Act 30/2001), 109 and 120B of the Indian Penal Code, 1860 (for short ‘the I.P.C.’) and Section 5(2) of the Prevention of Corruption Act, 1947 (for short ‘the Act’).

3. The case has a chequered history and, therefore, in order to appreciate the rival stands of the parties, it would be necessary to notice the background facts in a little greater detail.

The genesis of the case dates back to 8th April, 1981 when a search operation was conducted by the office of the Superintendent of Police, Crime Investigation Department, (Vigilance), Muzaffarpur, on the basis of a complaint lodged by a civil contractor against the appellant, an Assistant Engineer in the Bihar State Electricity Board (Civil) Muzaffarpur, for allegedly demanding a sum of Rs.1000/- as illegal gratification for release of payment for the civil work executed by him. In the trap laid to catch the culprit, the chemically treated currency notes are stated to have been recovered from appellant’s pocket. As a follow up action, after investigation by an Inspector of Police, a chargesheet for the afore-mentioned offences was filed against the appellant on 28th February, 1982. The Magistrate took cognizance on 9th December, 1982. Nothing substantial happened till 6th July, 1987 except for dismissal of an application, dated 30th June, 1983 filed by the prosecution for reinvestigation of the case, when the case was transferred from Muzaffarpur to Patna.

4. On 7th December, 1990, the appellant filed a petition under Section 482 Cr.P.C. before the Patna High Court against the order passed by the Special Judge, Muzaffarpur taking cognizance of the said offences, on the ground that the Inspector of Police, who had conducted the investigations, on the basis whereof the chargesheet was filed, had no jurisdiction to do so. Accepting the plea of the appellant, the High Court, vide order dated 7th December, 1990 quashed the order of Magistrate taking cognizance, with a direction to the prosecution to complete the investigation within a period of three months from receipt of the order, by an officer of the rank of a Deputy Superintendent of Police or any other officer duly authorised in this behalf. No further progress was made in the case and the matter rested there till the year 1998, when the appellant filed yet another petition under Section 482 Cr.P.C., giving rise to the present appeal, seeking quashing of the entire criminal proceedings pending against him mainly on the ground that re-investigation in the matter had not been initiated even after a lapse of seven and a half years of the order passed by the High Court on 7th December, 1990 and in the process the appellant had suffered undue harassment for over eighteen years. On 20th November, 1998, the petition was admitted to final hearing.

5. Ultimately, when the matter was called out for final hearing after almost nine years, on 11th May, 2007, counsel for the vigilance department sought time to seek instructions in regard to the stage of investigations. In furtherance thereof, an affidavit was filed on behalf of the prosecution, inter alia, stating that the Superintendent of Police, Muzaffarpur vide his letter dated 22nd February, 2007 had directed the Deputy Superintendent of Police to complete the investigations. In pursuance of the said direction, the Deputy Superintendent started investigations on 28th February, 2007 and ultimately filed a fresh chargesheet o