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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Hari Singh S/o Surajbhan – Appellant
Versus
State Of Rajasthan, Through Regional Forest Officer, Bhadra – Respondent
Order :
1. The instant Miscellaneous Petitions have been preferred for quashing the entire criminal proceedings pending before the Court of Judicial Magistrate, Bhadra, Hanumangarh. These proceedings pertain to Criminal Regular Case No. 431/2015 and Criminal Regular Case No. 430/2015, arising from alleged offences under theForest Conservation Act , 1980 and the Rajasthan Forest Act , 1953.
2. Brief facts of the cases are that on 30.08.2002, the Regional Forest Officer filed complaints against 17 individuals before the Judicial Magistrate, Bhadra. The complaints allege that the Maharana Distributary, originating from the Amar Singh Canal and extending to Maharana Village, traverses land designated as a protected forest division. The Forest Department had undertaken afforestation and maintained the trees in the area. In June 2001, the Public Works Department (PWD) proposed constructing a road from Village Janana to Maharana without informing the Forest Department. Subsequently, during July-August 2001, without obtaining permission from the Forest Department, contractors engaged by PWD employed laborers to cut down trees along the embankments of the Maharana Distributary, which were leg
Prolonged criminal proceedings without evidence infringe the fundamental right to a speedy trial, leading to quashing of charges against the accused.
The court quashed criminal proceedings under the Indian Forest Act, ruling that the land in question is raiyati land and not part of a protected forest, preventing abuse of process.
The right to a speedy trial is constitutionally protected under Article 21, and unreasonable delays, particularly when not caused by the accused, can warrant quashing ongoing criminal proceedings.
The main legal point established in the judgment is the requirement for complaints under the Forest Conservation Rules to be lodged by authorized personnel, and the limitation of vicarious liability ....
The central legal point established in the judgment is that the continuation of a criminal proceeding would amount to an abuse of process of the Court if no offence could be made out against the accu....
Right to speedy trial flows from Article 21 of Constitution of India. Court can neither be a mute spectator to whims and fancies of investigating agency nor be a party to it.
The main legal point established is that the right to speedy trial is a fundamental right of the accused, encompassing all stages of the legal process, and any inordinate delay in the legal proceedin....
Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice.
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