RAJ DEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The petitioner filed a writ petition in the High Court of Patna on 5-12-1995 praying inter alia for quashing the entire prosecution including the F.I.R. on the ground that more than 13 years had elapsed since the institution of the F.I.R. and thus the right of the petitioner to speedy trial was violated. The petition registered as Cr.W.J.C. No. 809/95 was dismissed by the High Court on 7-12-1995 on the ground that the delay was due to the fact that there was one Special Court of the C.B.I. functioning and a large number of cases were pending before it. It is the said order which is challenged in this pettion.

(3.) After service of notice and appearance of the respondent, the Superintendent of Police, C.B.I. Patna was arrayed as second respondent. By order dated 9-12-1996. A report was called for from the Special Judge as to the condition of the present case as well as other cases similarly blocked up. The report of the Special Judge dated 25-12-1996 has disclosed a shocking state or affairs. As regards the present case, the relevant part of the report reads as follows :-