KUNDALIK ISHWAR CHOUGULE Vs. BALASAHEB MALGUNDE CHANDAKE

JUDGEMENT

(1.) THE above writ petition under Article 227 of the Constitution of India has been filed by the petitioner who is the present Secretary of a trust by name Shri Mouni Vidyapeeth which runs a college by name karmveer Hira Mahavidyalaya situated at Gargoti Tal. Bhudargadh, Kolhapur, for direction that the Special Case No.2 of 1985 pending before the learned Special Judge, Kolhapur be expeditiously disposed of which has been pending since the year 1985. The Respondent No.1 who was the former Principal of the aforesaid college, was being prosecuted by a private complaint filed on behalf of the aforesaid Trust by the then Secretary for offence of criminal breach of trust and cheating under Section 408 and 420 respectively of IPC. The process was issued by the learned J.M.F.C. against Respondent No.1 for the aforesaid offence on 22/10/82. Thereafter the application was made for framing charges against the Respondent No.1 accused by the then secretary of the Trust, who was the original complainant by name Sadashiv Bhimrao Desai. The said application for framing charges was rejected by the trial court against which Criminal Revision Application No.18 of 1984 was filed before the Sessions Judge, Kolhapur. When the said criminal revision application was pending, the original complainant died and, therefore, the present petitioner made an application for substituting him in place of the original complainant which application was granted. Against the said order the Respondent No.1 filed Revision Application No.227 of 1985 in this Court. This court by its order dated 21st August 1986 confirmed the said order allowing the petitioner to continue the said complaint. This court also confirmed the order of the Session Court transferring the said case to the learned Special Judge, Kolhapur for taking congnizance of the offence as it arose under the provisions of the Essential Commodities Act.

(2.) IT seems that thereafter the said case did not come up for hearing before the trial Court till this year. It was in this context that the present petition has been field seeking the direction that the aforesaid Special Case be proceeded with expeditousely.

(3.) IN view of the aforesaid position and because of the inordinate delay that has occurred due to the sending of record and proceedings of the said case to the Central Record wrongly, it would be fair and just that the aforesaid case be proceeded with by the concerned Special Judge, Kolhapur as expeditiousely as possible after giving notice to the Respondent No. 1 accused who is not present here as he was not served in the above criminal writ petition in this court. It is, therefore, directed that the Special case No. 2 of 1985 pending before the Special Judge, Kolhapur be proceeded with expeditiousely and dispose of the same by the end of December 1996 after giving notice to the Respondent No. 1- accused.