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1990 Supreme(P&H) 570

S.D.BAJAJ
Mohinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.S. Hundal, Advocate.
For the Respondent:Mr. G.S. Kharbanda, Advocate.


JUDGMENT

S.D. Bajaj, J. - Criminal Misc No. 7377-M of 1988 has been filed by the accused petitioner Mohinder Singh for quashing F.I.R. No. 88 registered against him on 15-3-1980 for irregularities in the sale/distribution of Kerosene oil and the challan filed in the Court against him, on its basis on 5-1-1988, It has been asserted therein that the prosecution of the accused had not made any headway till 6th July, 1988 and therefore, fundamental right vested in the accused-petitioner of having a speedy trial in terms of Article 21 of the Constitution of India has been violated and given a complete go by and therefore, the F.I.R. and the challan put against him in the Court call for being quashed.

2. I have heard Shri P. S. Hundal, Advocate, for the petitioner, Shri G. S. Kharbanda, Advocate, for the State and perused the relevant record very carefully.

3. There is no dispute on facts averred in the petition nor has the inordinate delay of over eight years in putting in the challan in Court in any way been explained. In a similar case of unexplained inordinate delay in prosecution, their lordships of the Supreme Court observed in Hussainara Khatoon and others v. Home Secretary, State













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