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M.SRINIVASAN, K.T.THOMAS, M.M.PUNCHHI
Raj Deo Sharma – Appellant
Versus
State of Bihar – Respondent


Judgment

Leave granted.

On November 2, 1982, a case was registered against the petitioner regarding an offence under Section 5(2) read with Section 5(1) (e) of the Prevention of Corruption Act (Act 11 of 1947). A charge sheet was submitted on 30.8.1985 by the C.B.I. in which the alleged dispropor­tionate assets of the petitioner as on 5.11.1982 amounted to Rs. 9,10,932.41 along with a list of 40 witnesses and 20 documents. The Special Judge, C.B.I., South Bihar, Patna took cognizance of the offences on 14.11.1986 and issued summons fixing 2.12.1986 as the date for appearance. On 24.4.1987, the petitioner appeared before court, applied for and obtained bail. The charges were framed by the Special Judge on 4.3.1993. Three witnesses were examined by the prosecution till 1.6.1995.

2. The Petitioner filed a writ petition in the High Court of Patna on 5.12.1995 praying inter alia for quashing the entire prosecution including the FIR on the ground that more than 13 years had elapsed since the institution of the FIR and thus the right of the petitioner to speedy trial was violated. The petition registered as Cr.W.J.C. No. 809/95 was dismissed by the High Court on 7.12.1995 on the ground th

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