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1995 Supreme(Pat) 386
PATNA HIGH COURT
S.K.Homchaudhuri and Gurusharan Sharma JJ.
Braj Kishore Jaiswal
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 637 of 1994 ;
Decided On : JULY 20,1995
Inordinate delay in investigation and trial, unexplained by the prosecution, violates the accused's fundamental right to speedy trial under Article 21 of the Constitution, and may lead to the quashing of the prosecution.
Headnote:
CRIMINAL LAW - RIGHT TO SPEEDY TRIAL - DELAY IN INVESTIGATION AND TRIAL - QUASHING OF PROSECUTION - IPC, 1860, SECTIONS 120-B, 420, 468, 471, 477 - PREVENTION OF CORRUPTION ACT, 1947, SECTION 5(2) READ WITH SECTION 5(1)(D) - CONSTITUTION OF INDIA, ARTICLE 21.
Fact of the Case:
The petitioner, accused in a criminal case registered in 1983 under various sections of the IPC and the Prevention of Corruption Act, challenged the delay in investigation and trial, contending that his fundamental right to speedy trial under Article 21 of the Constitution was violated.
Finding of the Court:
The court found that the charge sheet was filed after seven years from the date of FIR, and supplementary charge sheets were filed after further delays. The court also noted that despite a direction from the court to conclude the trial expeditiously within six months, no charges were framed against the petitioner for ten months.
Issues: 1. Whether the inordinate delay in investigation and trial violated the petitioner's right to speedy trial under Article 21 of the Constitution? 2. Whether the prosecution should be quashed due to the delay?
Ratio Decidendi: The court relied on Supreme Court precedents holding that the right to speedy trial is implicit in Article 21 and encompasses all stages of the criminal justice process. The court held that the prosecution was responsible for the inordinate delay in concluding the trial, and that the petitioner's right to speedy trial was violated.
Final Decision: The court allowed the petition and quashed the prosecution against the petitioner in the pending criminal case.
S.K.HOMCHAUDHURI, J.
1. The petitioner has approached this Court in this writ petition for quashing the proceedings pending against him in Special Case No. 8 of 1983 in the court of learned Special Judge, Dhanbad arising out of Vigilance Case No. 23/1983, dated 2-12-1983 under Sections 120-B, 420, 468, 471 and 477 of the Indian Penal Code and Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947.
2. Vigilance Case No. 20/1983 was registered on 2-12-1983 on the basis of the First information Report filed by Tribhuwan Nath Pandey, Deputy S. P. Cabinet (Vigilance), Hazaribagh. Thereafter Special Cage No. 8 of 1983 was registered in the Court of Special Judge, Dhanbad, a copy of the First Information Report has been annexed to this petition as Annexure 1 and the allegations in the FIR are as follows:
"I am to state that Sri Awatar Singh, Sri Ram Padarath Singh and Sri Izaharul Haque, while functioning as Executive Officer, Junior Engineer and Storekeeper respectively of Hazaribagh Municipality, during the period 1980 entered into criminal conspiracy with Sri Dharm Narain Agrawalla, Proprietor and Sri Sheo Kumar Parikh, Sales Manager of M/s. National Tar Product, I, Dr. M.Ishaque Road, Calcutta and others cheated the Municipality on the basis of forged and fabricated papers/documents and falsified the Municipal accounts. Besides, the Government officials misused their official position and obtained undue pecuniary benefits by corrupt and illegal means for themselves and for others and thereby causes a pecuniary loss of Rs. 2,71,116 to the State exchequer. That the Hazaribagh Municipality was in need of Bitumen for the purpose of the repairs of urban roads. Accordingly the Bitumen was to be supplied. That the order for supply of Bitumen to the tune of 150 M.T. was irregularly and dishonestly placed on M/s. National Tar Product, Culcutta. That there are only two routes through which the vehicles can come to Hazaribagh from Calcutta. On these routes there were commercial check posts, where the entries of the loaded vehicles were to be checked and entered in their Registers. That a cheque vide S. B. I. Hazaribagh Cheque No. 954489, dated 3-5-1980 for Rs. 3,42,750 was issued in favour of the Firm prior to the issuance of the supply order. This cheque was received by Sri S. K. Parikh, Sales Manager of the firm who encashed the same in the form of Bank draft.
The stock Register of Bitumen of Hazaribagh Municipality envisaged the receipt of Bitumen as under : Date of receipts Challan No. & date Weight & Drum Truck No. 1. 15-6-80 9414 d/4-6-80 161.8 (64 Drum) BHA 8511 2. " 9418 d/9-6-80 156.5 (48 Drum) BHW 8097 3. 8-7-80 9806 d/6-7-80 161.8 (64 Drum) BRV 2380 The above table shows the receipt of Bitumen less than what was men- tioned in the relating challans. In addition to the aoove, the accused persons had fraudulently and dishonestly shown the receipt of Bitumen in 518 Drum weighing 1283.8 in the stock register on the basis of forged and fabricated challans which did not bear the seal of any of the commercial check posts nor there was any entries of the concerned vehicles in the registers of the check post. The details of these challans are as under : Date of receipt 21-7-80 (1) Challan No. 9817 Dt./19-7-80 66 Drum BHX 7610 21-7-80 (2) Challan No. 9818 Dt./19-7-80 66 Drum BRV 2380 20-8-80 (3) Challan No. 9416 Dt./20-8-80 64 Drum VVMK 584 20-8-80 (4) Challan No. 9413 Dt./20-8-80 66 Drum UMK 17 20-8-80 (5) Challan No. 9819 Dt./20-8-80 66 Drum WBI 3782 4-9-80 (6) Challan No. 9831 Dt./2-9-80 64 Drum WMA 33 5-12-80 (7) Challan No. 9905 Dt./24-12-80 64 Drum WMK 7377 27-12-80 (8) Challan No. 9904 Dt/24-12-80 64 Drum WMK 1919 As such the accused persons made false entries of the receipt of Bitumen without supply of the Bitumen for which the payment has already been made. The aforesaid facts reveal commission of an offence under Sees. 120-B/ 420/468/471/477-A, IPC and 5(2) read with 5(1)(D) of the P. C. Act, 194
