YASH PAL MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The criminal case, out of which this appeal arises, goes back to the year 1961. On July 1 1967, the Special Judicial Magistrate Punjab, camp Jullundur, committed the appellant along with several others to stand trial in the Court of Session under various charges, such as under Ss. 455, 471/466, 476/466, 417, 419 read with S. 120-B I. P. C. Apparently it took nearly three years for the trial to commence. On objection being raised by the accused with regard to the sanction under S. 196-A (2) Cr. P. C., 1898, the trial Court on June 6, 1970, rejected the same by holding that no sanction was necessary in the case. The trial Court, however, held that the particular sanction accorded under S. 196-A (2), Cr. P. C. was invalid, the correctness of which was not challenged before us.

(2.) That led to a revision application by the accused before the High Court of Punjab and Haryana. That was also rejected on March 24, 1972. The appellant obtained special leave against the order of the High Court on April 5, 1973.

(3.) Even such a short matter, as it is, where no records are required to be prepared, has come up for hearing before us after well over four years. True, the accused profits by the delay in many ways but the State should have been vigilant to apply for an expeditious hearing of such a short matter since the trial has been inordinately delayed on account of this. The methodology of disposal of such a matter, like the pattern we have been recently adopting, may suitable be to dispose of the whole matter within a month after notice of motion to the State at the time of hearing of the special leave petition.