GITA BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revisional application under section 482 of the Code of Criminal Procedure is at the instance of the accused-petitioner Smt. Geeta Bhowmick, a Headmistress of Bethuadahari Girls' High School, Nadia and this is for quashing the instant criminal proceeding arising out of G.R. Case No. 1787 of 1972 now pending before the learned Chief Judicial Magistrate, Krishnanagar, Nadia.

(2.) The case of the accused-petitioner was in brief that on 17.8.72, Shri Shibram Singha Roy, since deceased, filed a petition of complaint against the petitioner and two others making several allegations against them before the learned SDJM, Krishnanagar, Nadia. Thereafter the learned Court below treated the said petition of complaint as a FIR under section 156(3) Cr.PC and sent the same to the Police for investigation. After necessary investigation the Police started a case being Nakashipara, PS. Case No.24 dated 17.8.72 under sections 406/408/465/466/468/477A/201/120-B of the Indian Penal Code against the petitioner and two others. But unfortunately the Police failed to submit any charge-sheet in the said case for a long long time and hence the learned SDJM, Krishnanagar passed an order on 22.1.76 directing the Investigating Police Officer to submit a report by 24.3.76 and it was also mentioned in the said order that in default of such submission of charge-sheet, the accused persons would be discharged from the case. Despite such order the Police failed to submit any chargesheet in the case and hence on 6.7.77 the learned Court below discharged the petitioner and others from the said case. However, on 15.11.78 the Police submitted a charge-sheet in the said case against the petitioner and two others under sections 406/408/465/166/468/471/4771A/201/120-B of the Indian Penal Code. Based on such charge-sheet the learned Court below summoned the petitioner and others. Accordingly the pertitioner surrendered before the learned Court below on 12.12.78 and was granted bail. Thereafter the prosecution failed to produce any witness in the said case and on 21.4.87 the learned Court below passed an order direction that if no witness turned up on 29.6.87, the petitioner and other accused persons would be discharged from the case. But unfortunately no witness turned up on the date also. Nonetheless the learned Court below fixed another date viz. 28.8.87 for examination of the prosecution witnesses, on 28.8.87 only one witness was examined in part and learned Court below fixed another date viz. 28.1.88 with the direction that if no witness is examined on that date, prosecution evidence will be treated as closed as the case was being dragged on for a long time. On 28.1.88 no witness turned up. Thereafter the learned Court below fixed several dates for examination of the prosecution witnessed viz. 13.3.90, 16.5.90, 4.8.90, 28.11.90, 25.2.91 and 18.4.91, but unfortunately no prosecution witnesses were examined as they did not turn up for giving evidence. According to the petitioner, the glaring feature of the instant case was that there was in fact no case as such against her at all as alleged and hence the prosecution failed again and again to produce witnesses for their examination in the case against the petitioner, who happened to be the Headmistress of Bethuadahari Girls' High School. Besides it was her further case that although under Article 21 of the Constitution of India, she was entitled to get speedy and fair trial, she has been denied the same inasmuch as the prosecution failed again and again to examine witnesses over the years and that there was no possibility of conclusion of the instant trial in the near future. Hence the prayer for quashing the present proceeding.

(3.) I have had the opportunity of hearing learned counsel for the petitioner at length in the matter.