S K MITTAL Vs. CBI

JUDGEMENT

(1.) Petitioner asserts that speedy trial read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution requires the challan to be quashed.

(2.) Brief facts necessary to dispose of this petition are that the petitioner was working as an Executive Engineer in the DDA in the year 1991. On 4.2.1991, a complaint no. RC6(A)/91-DLI under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988 was filed against the petitioner alleging that he had received a sum of Rs.3,000/- as illegal gratification. Pursuant to the afore-noted complaint, a FIR was registered against the petitioner.

(3.) As the petitioner was 'public servant' within the meaning of Section 21, IPC, CBI applied for sanction under Section 19 of the Prevention of Corruption Act, 1988 for the prosecution of the petitioner.