IMPORTANT POINT
Criminal proceedings are not liable to be quashed merely on account of delay without anything more and without going into reasons for delay.

JUDGMENT

Y.K. Sabharwal, J.-This matter pertains to an incident that took place in the year 1985. The criminal proceedings before the Magistrate have not crossed the stage of taking cognizance. One of the contentions urged in this appeal for quashing the criminal proceedings is long delay of 19 years.

2. The appellant is a District Ayurvedic Officer. The complainant is a Class IV employee in Ayurvedic Aushdhalaya, Fatehgarh. According to the complainant on 7th November, 1985 when the appellant visited the said place several patients were present. The appellant asked the complainant to bring water. When the complainant brought water, he was insulted by the appellant who said to him "I do not want to spoil my religion by drinking water from your hands. How have you dared to give water" and started abusing him. The complainant has filed a complaint in the court of Chief Judicial Magistrate alleging commission of offence punishable under Section 7 of the Protection of Civil Rights Act, 1955 (hereinafter referred to as `the Act ).

3. The practice of untouchability in any form has been forbidden by Article 17 of the Constitution of India which inter alia provides that "untouchability" is abolished, the enforcement of any disability arising out of "untouchability" shall be an offence punishable in accordance with law. To comply the mandate of the Constitution, the Act has been enacted inter alia with a view to prescribe punishment for the preaching and practice of "untouchability , for the enforcement of disability arising therefrom and for matters connected therewith.

4. The aforesaid complaint was sent to the police under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ) for investigation. A case was registered and investigation conducted. The investigating officer examined the complainant and other witnesses and also obtained copies of certain documents. After completing the investigation the police submitted a final reported under Section 173 of the Code stating that the complaint was false and in fact on 7th November the complainant was found absent from duty and, therefore, he was asked to take casual leave for half day and it is on that account a false complaint was lodged by him.

5. After the submission of the above noticed final report by the police the complainant submitted another complaint. The statements of the witnesses who were said to be present at the time of the occurrence were examined by the Additional Chief Judicial Magistrate who by order dated 26th June, 1986 found a prima facie case, took cognizance and issued process against the appellant. The order issuing the process was challenged by the appellant in a revision petition filed before the Sessions Judge which was dismissed. On a petition filed under Section 482 of the Code, the orders of the Additional Chief Judicial Magistrate taking cognizance as also of the Sessions Judge were set aside by the High Court by judgment dated 26th May, 1988 and the case was remanded to the trial court to proceed according to law keeping in view the observations made in the judgment. The High Court inter alia observed that the trial court should consider the entire material available on record before deciding whether the process should be issued against the accused or not.

6. After remand, on consideration of the material on record, the Magistrate again reached the same conclusion and took cognizance by order dated 22nd January, 1990. This led to filing of another petition under Section 482 of the Code by the appellant. Again the High Court by judgment dated 27th May, 1994 set aside the order dated 22nd January, 1990 inter alia noticing that the Additional Chief Judicial Magistrate while disagreeing with the final report should have given some reasons for not accepting it and this time also the case was remanded to the Magistrate directing him to consider the material available on record and thereafter pass appropriate order deciding whet