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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V. KOTWAL, S. M. MODAK, JJ.
Dev Kumar Agarwal – Appellant
Versus
Assistant Director, Directorate Of Revenue Intelligence – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. Heard Mr. Haresh Jagtiani, learned Senior Counsel for the Petitioners, Mr. Jitendra Mishra, learned Special Prosecutor for the Respondent No.1 – DRI and Smt. M.M. Deshmukh, learned APP for the Respondent No.2-State. By consent of the parties, the matter is decided finally at this stage itself, considering the reliefs sought inthis Petition. Hence, Rule. Rule is made returnable forthwith.
2. Originally this Petition was filed by two Petitioners Mr. Dev Kumar Agarwal and Mrs. Prabha D. Agarwal in the year 2019. During pendency of this Petition, the Petitioner No.1 Dev Kumar Agarwal (hereinafter referred to as ‘Dev Kumar’) passed away on 27.12.2019. Therefore, the Petition now survives only on behalf of the Petitioner No.2 Mrs. Prabha Agarwal (hereinafter referred to as ‘the Petitioner Prabha’ ), who is 86 years of age as of today. The prayer in the Petition is for quashing of C.C. No.243/CW/1996 pending before the then Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai (the Additional Chief Judicial Magistrate, First Class, 19th Court, Esplanade, Mumbai as of today). The Petition is for quashing of these proceedings on the ground
The right to a speedy trial under Article 21 of the Constitution is fundamental and must be upheld, with inordinate delays in prosecution warranting quashing of proceedings.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and inordinate delays in criminal proceedings can lead to quashing of the prosecution.
The right to a speedy trial is constitutionally protected under Article 21, and unreasonable delays, particularly when not caused by the accused, can warrant quashing ongoing criminal proceedings.
: While speedy trial is a fundamental right of every accused but then it is not possible to lay down any hard and fast rule that delay in holding trial would always result in quashing of criminal pro....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, encompassing all stages of criminal proceedings and essential to prevent undue incarceration.
Right to speedy trial flows from Article 21 of Constitution of India. Court can neither be a mute spectator to whims and fancies of investigating agency nor be a party to it.
The right to a speedy trial is fundamental under Article 21, emphasizing the need for courts to avoid undue delays and not show leniency towards accused in serious crimes.
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