1. Heard learned counsel for the petitioners and the State, no one appears for respondent no.2 despite valid service of notice.

2. Petitioners pray for quashing the entire criminal proceeding in Motihari Sadar Police Station Case No. 307 of 1981, GR.No. 1693/81, giving rise to Sessions Trial No. 253 of 1983, lodged under sections 147, 148, 149, 323, 324, 342, 436 and 379 of the I.P.C. on the ground of pendency of trial for long 16 years since its institution on 20.10.1981 and by now about 29 years.

3. The informant Vijay Kumar is Munshi of one Prema Srivastava w/o Ramanand Srivastava, a resident of Phulwarisharif. On 20.10.1981 at 9.30 am, while he along with 5 labourers were unloading bricks from a truck on land of Prema Srivastava at Chandmari Mohalla, they were surrounded and assaulted by the accused persons with lathi and farsa etc. In the process some of them received injuries. Tyres of the truck were also set on fire. One of the accused Krishna Kumar Prasad set fire to a hut inflicting damage to the tune of Rs. 500/-.

4. After investigation police submitted charge sheet on 28.4.1982 under sections 147,148,149,323,324,436 & 379 I.P.C. against all the accused persons. During pendency of trial, one of the accused Krishna Kumar Prasad, father of petitioner nos.1 to 4, died.

5. Petitioner no.1 also filed a counter case being Motihari Sadar Police Station Case No. 307/1981, GR.No. 1693/81, Tr no. 731/91 under sections 147,148,323 and 426 I.P.C. alleging that on 20.10.1981 at about 9.30 am, Ram Nandan Prasad came to his house with a truck of bricks, along with a mob of 150-200 persons. On bis order, the driver of the truck demolished his boundary wall. It is further alleged that the accused persons also set fire to a hut and also assaulted the informant and his younger brother. The police submitted charge sheet against Harendra Kumar Singh, Vijay Kumar Singh, Baliram Singh and Braj Kishore Singh. However, by order dated 13.3.1992, Ram Nandan Prasad, Vinod Kumar and Harihar Singh were also summoned to face trial.

6. Mr Rajiv Kr Verma, Learned Senior counsel appearing for the petitioners, submits that it is a common case of both sides that a truck carrying bricks and labourers had come to the place of occurrence, which lied just in front of house of petitioners. The time of occurrence in both cases is same i.e. about 9.30 am on 20.10.1981. Further, charge sheet was submitted in this case, only after ten years on 24.4.1992. Charge was framed almost 7 years thereafter. Even in the year 1998, the trial was at its initial stage. He submits that section 436 I.P.C. is not made out and the same was added to make the case sessions triable. He submits that in any view of the matter Section 436 I.P.C. was specifically attributable to Krishna Kumar Prasad, who died. Learned counsel submits that prolonged delay of 17 years in disposal of trial would affect his right to speedy trial guaranteed in Article 21 of the Constitution of India. Furthermore, now after 29 years, no useful purpose would be served in remitting the case back.

7. He contends that the prosecution side who were accused in the counter case had moved this Court for quashing criminal prosecution in Motihari Police Station Case No. 307/81 on ground of prolong delay in disposal of trial vide Cr.Misc.No. 7700/1992. This Court vide order dated 5.5.1993 quashed the criminal prosecution as the case had lingered for 15 years and the offences were also trivial in nature. He submits that in his case, the prosecution has continued for about 17 years.

8. Heard learned counsel for the petitioners and the State.

9. No one appears for opposite party no.2, despite valid service of notice.

10. There is a case and counter case in which both sides have made allegation of assault against each other. The place of occurrence and time of occurrence are common in both cases. In the instant case, severest of offence alleged is one under section 436 I.P.C. This too is alleged against Krishna K