RESHMA SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, it is prayed that the Special Case No.39/1999 pending in the Court of Special Judge for Greater Mumbai at Mumbai be quashed and set aside qua the Petitioner before this Court on the ground that continuation of the said proceedings against the Petitioner is violative of Article 21 of the Constitution of India.

(2.) The relevant facts which gave rise to the filing of the present Petition are as follows:-

(3.) The Respondents have resisted this Petition by filing two affidavits of Vijay D. Meru - Senior Inspector of Police dated 5th August, 2010 and 7th October, 2010 respectively. By these affidavits the allegation in the Petition to the effect that there has been unwarranted and oppressive delay in the matter of investigation or before the trial Court has been refuted. Insofar as delay in the progress of trial, it is specifically stated that it is attributable to the accused persons themselves as on most of the occasions, the matter was required to be adjourned at their instance.