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2007 Supreme(Cal) 414
High Court Of Calcutta
Before Sailendra Prasad Talukdar, J.
DILIP KUMAR MUKHERJEE - Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION - Respondent
C. R. R 794 Of 2005
Decided On : 06/08/2007
AYAN BHATTACHERJI, DEBASHIS KAR, KRISHNENDU GUPTU, NARANARAYAN GUPTA, Ranjan Kumar Roy
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF CRIMINAL PROCEEDINGS - RIGHT TO SPEEDY JUSTICE - DELAY IN TRIAL - INORDINATE DELAY CAUSED DUE TO LACHES OF PROSECUTION AND SYSTEMIC DELAY - CRIMINAL PROCEEDING QUASHED.
Fact of the Case:
The petitioner, Secretary of Nataraj Khadi Shilpa Samity, was accused of cheating the Government of India through the Khadi and Village Industries Commission by obtaining interest-free loans and utilizing the same for personal gain. An FIR was lodged in 1992, and a charge sheet was submitted in 1994. The trial was delayed due to various reasons, including non-supply of copies of documents to the accused, absence of the accused, and vacancies in the court.
Finding of the Court:
The court held that the delay in the trial was inordinate and was caused due to the laches of the prosecution and systemic delays. The court also noted that the alleged offence was committed 25 years ago and that the petitioner had been in mental agony for a long time.
Issues: 1. Whether the delay in the trial violated the petitioner's right to speedy justice under Article 21 of the Constitution? 2. Whether the delay was caused by the laches of the prosecution or by systemic delays?
Ratio Decidendi: 1. The right to speedy justice is an essential component of Article 21 of the Constitution. 2. Inordinate delay in the trial, caused by the laches of the prosecution or by systemic delays, can violate the right to speedy justice. 3. In determining whether the delay is inordinate, the court should consider the nature of the offence, the circumstances of its commission, the manner in which the investigation was conducted, the way the criminal proceeding has proceeded so far, and the time already spent.
Final Decision: The court allowed the petition and quashed the criminal proceedings against the petitioner, holding that the delay in the trial was inordinate and violated the petitioner's right to speedy justice.
( 2 ) THUS the petitioner and such persons succeeded to cheat the government of India through the said commission to the tune of Rs. 14. 35 lakhs that was outstanding, till November 30, 1992.
( 3 ) ON the basis of such information, the RC. 11/s/1992-Cal. was registered under Sections 120b, 420, 467, 468 and 471 of the Indian Penal code.
( 4 ) OPPOSITE party No. 2, being the Inspector of the Bureau, was entrusted with the investigation. On 23rd November, 1994 the said authority after completion of investigation submitted charge-sheet against the petitioner and one Narayan Chandra Dalal.
( 5 ) LEARNED Court took cognizance on the basis of the police papers produced before it and issued process.
( 6 ) THE petitioner, while challenging the continuation of such proceeding, referred to the following facts in the instant application under section 482 of Cr. P. C. :-Nataraj Khadi Shilpa Samity got registered with the West Bengal societies Registration Act of XXVI, 1961 on 2nd January, 1982. Till 1982-83, it was duly approved by the Chairman of the Central Certification Committee of the Khadi and Village Industries Commission and obtained Certificate being no. BGL/ 3737. During 1986-87, the Screening Committee of the said commission with its head office at Bombay approved the case of the Samity for enlistment and for getting recognized as a directly aided institution. All necessary audit reports were duly filed by such Samity for the period from 1982-1992. Utilization certificates were placed and the reports were finalized and approved by the head office of the commission at Bombay.
( 7 ) ON the basis of the aforesaid purported source information, the aforesaid case was started though no complaint was ever filed by the statutory authority, Khadi and Village Industries Commission.
( 8 ) ON 7th January, 1993, all relevant records of the Samity were seized and purported seizure lists were prepared.
( 9 ) BY a Memorandum dated 6th February, 1993, the Khadi and Village industries Commission suspended the effect of its certificate pertaining to nataraj Khadi Shilpa Samity granted earlier within its validity period without even issuance of any show cause notice. The petitioner was, thus, compelled to file a writ application on 7th July, 1993. The said application, however, was disposed of by the Hon'ble Court directing the petitioner to make an application before the appropriate authority for return of the documents seized and direction was given upon the said authority to consider the same and take appropriate decision in accordance with law.
( 10 ) THE petitioner filed an application for return of the seized documents on 16th July, 1993. The learned Court directed the Investigating Officer to submit a report by 30th July, 1993.
( 11 ) IN response to prayer made by the Investigating Authority, time for su
