A fair trial requires an impartial and unbiased investigation, and any mala fide or biased investigation violates the fundamental right to a fair trial guaranteed under Article 21 of the Constitution of India.

B.P.SINGH, J.

1. The petitioner, in this application, is an accused in G. R. No. 1077-A cf 1984 arising out of Bistupur P.S. Case No. 236 of 1984 under Sections 419 and 420 read with Section 34 of the Indian Penal Code. The said case is pending before the Judicial Magistral, Jamshedpur (Respondent No. 2).

2. The grievance of the petitioner is that though the first information report was lodged on the 26th of May, 1984 and charge-sheet was sub-mitted on the 26th of July, 1984. cognizance taken on 16th October, 1984 under Sections 419 and 420 of the Indian Penal Code, yet no steps thereafter were taken, and till today all that has been done in the proceeding is that adjournments have been granted from time to time without any cogent reasons. The grievance of the petitioner is that he has a fundamental right of speedy trial under Article 21 of the Constitution of India as field by the Supreme Court and affirmed by this Court in several judgments. The petitioner has prayed for issuance of a writ of certiorari or any other appropriate writ for quashing of the charge-sheet submitted in the criminal case against him as also for issuance of an appropriate writ of certiorari or any other writ for quashing of the aforesaid prosecution which, according to him, is mala fide and vexacious. His further prayer is that with a view to speedy trial of his case, his trial should be separated and should be concluded as expeditiously as possible.

3. The petitioners grievance is that he is sought to be harassed in the instant case by and at the behest of the Investigating Officer of the case who happens to be no one else than his own first cousin with whom the petitioner and his branch of the family have property disputes. It is alleged that the said Investigating Officer, namely, Sri Ram Kumar Mishra, Respondent No. 3 herein, is behind the entire proceeding with the sole object of harassing the petitioner and members of his branch of the family to such an extent that they submit to the demands of Ram Kumar Mishra.

4. It is not necessary for me to go into various allegations made in the writ petition. According to the case of the prosecution, telephonic calls were made to Sri S. N. Pandey, Director of Industrial Relations. TISCO purporting to be made by one Sri Hira Singh. Income-tax Commissioner, in which a request was made for providing employment to one of his nephews. Since Sri Pandey suspected some foul p1ay and fraud, he informed his security staff to be present when the person calling on the phone was called to receive the letter of appointment. In one of his conversations, he invited the caller to come and receive the apointment letter. On 26th of May, 1984, two persons came, and while one of them went inside and met Sri Pandey, the other accused kept standing near the gate. Since the security staff had already been informed both of them were immediately apprehended. The person who claimed to be the nephew of the said Hira Singh, Commissioner of Income-tax. disclosed his name as Rama Shankar Tewary. The other person disclosed his name as Raghawaji Singh. It is the prosecution case that this Ram Shankar Tiwary is not the actual Rama Shankar Tiwary but is the petitioner, namely, Krishna Bihari Mishra alias Brij Bihari Mishra.

5. It has not been disputed before us that the Investigating Officer of the case is the first cousin of the accused. It is also not disputed that there are property disputes between the two branches of the family. It is also not in dispute that Rama Shankar Tiwary happens to be the brother-in-law of the Investigating Officer (Respondent No. 3 herein). The allegation of the petitioner is that the Investigating Officer. Sri Rama Kant Mishra (Respondent No. 3 herein) finding his own brother-in-law. Rama Sh?nkar Tiwary. was involved in serious offence he. in collusion with his other brother-in-law, namely, Srikant Tiwary, who was then posted as Munshi in the Bistupur Police* Station, managed to release the said Rama