SHYAM KUMAR SEN
Mohir Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Shyamal Kumar Sen, J. - The Court: The question involved in this writ petition is whether the writ court is entitled to quash criminal proceeding for inordinate delay in framing charges and keeping the trial pending for unusually long time.
2. It is the case of the writ petitioner that on the basis of First Information Report dated July 31, 1973 for the commission of alleged offence by the petitioner between the period of May, 1971 to March 1912 a case under Sections 468,409 and 120B of the Indian Penal Code read with Section 5(1)(c)(d) of the Prevention of Corruption Act, 1946 was started against the petitioner and others. The learned Special Judge, 4th Additional Special Court took congnizance of the offence under the aforesaid sections examining the complainant under Section 200 of Code of Criminal Procedure. The petitioner appeared before the court on all the dates fixed except on 16th August, 1977 due to his illenss. The Public Prosecutor in-charge of the said case, however, did not examine all the witnesses during the long period commencing from 1976 to March, 1987. The petitioner states that no charge could be framed against the petitioner during this long period an
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.