Direction given for closing prosecution evidence.

ORDER: The instant criminal original petition is to call for the records in Special Case No. 1 of 1999 pending on the file of the Additional Sessions Judge, Nagercoil.

2. This criminal original petition has arisen in this way:

The petitioner Ranibai was working as Village Health Nurse in Government Primary Health Centre, Aarudesam in Kanyakumari District. During 1979-80, the Government of India launched a drive for Family Planning Programme. Based on that, the Government of Tamil Nadu organised intensive Family Welfare Scheme during 1980. According to the programme, the District Collectors accorded temporary recognition to the private Doctors on recommendation of the District Family Welfare Maternity and Child Health Officer, to perform sterilization operations during the intensive drive period from 16.1.1980 to 31.3.1980. Alleging that the petitioner and eight others have misappropriated and cheated the Government to the extent of Rs.4,140 a case in Crime No.2 of 1983 for offence under Sec.120-B, I.P.C. read with Secs.420, 467, 468, 471, I.P.C. read with Sec.467, I.P.C. Secs.5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 and Sec. 109, I.P.C. has been registered, wherein the petitioner has been shown as the fifth accused. F.I.R. was filed on 23.5.1983. The charge sheet was filed on 10.4.1991 and the learned Additional Sessions Judge, Nagercoil took cognizance of the case in Special Case No.1 of 1991. The petitioner was to retire on 30.6.2000, but the proceeding in Special Case No.1 of 1991 is still pending, the alleged offence is said to have been committed about twenty years ago, i.e., during 1980, the F.I.R. was filed about seventeen years ago, i.e., on 23.5.1983. The case was taken on file, about nine years ago, i.e., on 10.4.1991 and examination of the witnesses are yet to be completed by the prosecution. On the basis of the long delay, the petitioner seeks quashing of the proceedings.

3. The respondent filed counter, wherein he had slated that because of malpractice involving conspiracy, cheating, misappropriation and forgery, a regular case in Crime No.2 of 1983 was registered in Kanyakumari Detachment of the Directorate of Vigilance and Anti-Corruption, Chennai under the provisions stated above. Large number of witnesses have been examined. The first accused filed petition before this Court for quashing the proceedings, which was dismissed on 17.3.1995. Then, after receipt of the records, accused 3 and 4 were absconding for few hearings and the prosecution was able to examine witnesses only from 1996. Then, 62 witnesses were cited in the chargesheet, 35 witnesses have been examined so far, of the remaining 27 witnesses, 6 are reported dead and the other witnesses are officials who are working in various places. They will be examined soon and the trial, would be over. It is also stated that by virtue of the judgment pronounced by the Apex Court in the ‘Common Cause’ v. Union of India, (1996)6 S.C.C. 33 and ‘Common Cause’, A Registered Society v. Union of India, (1996)6 S.C.C. 775, in cases of this sort, i.e., cases involved corruption, misappropriation of public funds, cheating, etc. the petitioner cannot seek quashing of the proceedings, but they can only seek early trial.

4. Heard both the sides. Time and again, the Apex Court have been insisting that the trial in criminal cases should be concluded as early as possible and delay would amount to violation of the guaranty granted to the accused under Art.21 of the Constitution of India. In Common Cause v. Union of India, (1996)6 S.C.C. 33:1996 S.C.C. (Crl.) 589, the Apex Court has laid down the following guidelines for release of offenders on bail and closure of cases where the trial had not commenced. In that case, their Lordships have also detailed a list of cases where exemption from directions 1 and 2 has been given therein. Their Lordships have details as under:

1(a) Where the offences under I.P.C. or any other law for the time being in force for which

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