SUBIR KUMAR BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) Without going into the merits of the case, we can simply indicate that Criminal Proceedings under Sec. 420 and 120B IPC, which arose out of First Information Report made on 5/3/1981, has not yet proceeded beyond the stage of filing of chargesheet before the learned Special Judge in Case No.4 of 1985. Of course, we must add that major part of the delay has been caused by proceedings pending in court, at the instance of not only of the appellant but mainly on account of proceedings taken by the State.

(3.) The appellant had, in fact, moved the court for quashing of the proceedings in writ jurisdiction and proceedings were, in fact, quashed. They were, however, revived when the State came up to this Court and directions were given to conclude the trial expeditiously. Unfortunately, over the issue of supply of documents, which the prosecution was in any event required to supply, while filing the chargesheet, proceedings were taken up first before the learned Special Judge and, thereafter, before the High Court at Calcutta, resulting in a major part of the delay of 28 years since the initial First Information Report was filed.