BISWANATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is preferred against an order of the Patna High court dismissing the writ petition filed by the appellant-accused, seeking to have the criminal proceedings launched against him quashed on the ground of violation of his right to speedy trial. The appellant was working as a Depot Manager under the Bihar State Cooperative Marketing Union at Sitamarhi, in the State of Bihar. On verification, it was found that fertiliser worth Rs. 1,15,000. 00 was short. The appellant was suspended pending inquiry into the allegations on 2/7/1977. In the year 1978, he was dismissed from service and the provident fund and gratuity due to him was also forfeited. Mr A. K. Srivastava, learned counsel, states that the said dismissal has become final and that in fact the appellant has crossed the age of superannuation even by the year 1989 when the present special leave petition was filed.

(2.) Besides the disciplinary proceedings, criminal proceedings were also launched against the appellant under Section 408 and other offences. The FIR in that behalf was issued on 10/12/1977. It is stated that he surrendered in court in january, 1978 and was enlarged on bail. Be that as it may, the charge-sheet was filed on 9/2/1983 after a lapse of more than 5 years. Thereafter, the prosecution evidence was adduced and charges framed by the court on 25/4/1989 another 6 years. The charges were framed under S. 408 and 428 Indian Penal Code and Section 7 of the Essential Commodities Act. It is at this stage that the appellant approached the Patna High court for quashing the criminal proceedings.

(3.) When the writ petition was placed before the bench, it called upon the appellant to produce the entire order sheet from the beginning to the date of the filing of the writ petition. Another adjournment was granted for the purpose. Thereafter, the writ petition was dismissed on the next date of hearing i. e. , 25/7/1989. Soon after the dismissal of the writ petition in the High court, the appellant approached this court by way of this special leave petition on23/10/1989. Though leave was granted in this special leave petition, it does not appear that stay of further proceedings was granted.