1. Learned counsel for the petitioner, learned Government Advocate for the State and learned counsel appearing for son of the deceased informant have been heard on several dates.

2. This is an application under section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking quashing of order dated 8.7.2004 passed by Fast Track Court-I, Siwan in Sessions Trial No. 33 of 1979 whereby the trial court has ordered for reconstruction of records of the court relating to the aforesaid sessions trial because the original records are misplaced/lost.

3. Before considering the submissions on behalf of the petitioner who is one of the accused in the pending sessions trial of the year 1979, it is necessary to keep in sight certain relevant material facts. These relevant facts have been gathered from the attached records of two criminal writ petitions bearing Cr. W.J.C. No. 486 of 1986 disposed of on 23.6.1993 and Cr. W.J.C. No. 283 of 2003 disposed of on 15.4.05. The facts furnished by the accused petitioner in this quashing application are clearly inadequate and hence the records of the connected matters earlier disposed of by this court had to be-perused to find out whether, in the facts of the case, it would be appropriate to exercise extraordinary inherent powers of this court under section 482 of the Code. Criminal Writ Petition bearing no. 486 of 1986 was filed on behalf of seven accused persons including this petitioner seeking quashing of their prosecution in this case arising out of Basantpur P. S. Case No. 1(6)74 (Sessions Trial No. 33 of 1979) under sections 147, 148, 149 and 302 of the I.P.C. and under sections 25-A and 26 of the Arms Act on the ground of inordinate delay in concluding the trial resulting in violation of right to speedy trial guaranteed under Article 21 of the Constitution of India. The records disclose that the writ petition has probably been destroyed due to passage of time but ordersheet and memo no. 2148 dated 13.3.1987 and the final judgment dated 23rd June 1993 are still available. The judgment discloses that the Division Bench hearing the writ petition came to a finding that three murders were allegedly committed by the accused persons and the delay was attributable also to the petitioner of that case. The court further found that after the last prosecution witness no. 14 had been examined and the prosecution evidence was closed on 19.11.1986 a criminal revision petition filed by one co-accused Bachha Singh bearing Cr. Revision No. 1433/1986 was disposed of on 9.12.1986 with a direction to the trial court to recall the Investigating Officer for further cross-examination, if petition is filed for the same but apparently no such petition was subsequently filed. The Division Bench further noticed that when the prosecution evidence was closed on 19.11.86 the seven accused persons as petitioners filed the criminal writ petition on 4.12.86 on the ground that trial was being delayed and obtained stay which continued for more than 6 1/2 years. The Division Bench did not find any merit in the submission that the trial be quashed on the ground of inordinate delay and hence instead of quashing the prosecution, relying upon judgment of the Supreme Court in Abdul Rahman Antulays case, a direction was given to the trial court to conclude the trial within four months from the date of receipt of the concerned records. In that judgment this court noticed that the entire records of Sessions Trial No. 33 of 1979 has been sent to this court with letter no. 75 dated 8.5.1987 by the then 2nd Additional Sessions Judge, Siwan hence a direction was given by the court to send back the entire records of the trial court forthwith.

4. From the records of Cr. W.J.C. No. 283/03 it appears that the said writ petition was filed on 22nd September, 2003 by son of the deceased informant for a direction to the trial court to expedite and conclude the trial no. 33/79/172/1987 arising out of Basantpur P.S.