SUJIT KUMAR SEN Vs. STATE OF W B

JUDGEMENT

(1.) Both the parties are represented by their respective learned Advocates. Heard the submissions of the learned Advocates for both sides at length. By this Revisional Application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code) the petitioner-accused (hereinafter referred to as accused) has prayed the Court for quashing of the relevant proceedings, being G.R. Case No. 1813 of 1978, arising out of Barasat P.S. Case No. 90 dated 27.8.1978, before the Special Judge at Barasat on the grounds made out therein, mainly on the ground of inordinate delay in the trial of the relevant case, infringing his right to speedy trial, as guaranteed by Article 21 of the Constitution of India.

(2.) It is contended by the accused that he had joined the West Bengal Health Service as a Surgical Specialist on 1.5.1967 and was posted at Jhargram Sub-Divisional Hospital, Midnapore. He had also served as Officiating Sub-Divisional Medical Officer in the said Hospital between 1969 and 1973, in addition to his duty as a Surgical Specialist. He had thereafter joined the Barasat Sub- Divisional Hospital on transfer on 19.2.1973 and had opted for a practising post; and was accordingly given permission for private practice by the authorities concerned. He served the said Hospital till 15.1.1979 on transfer to Bhatpara State General Hospital.

(3.) On Pradip Chakraborty had lodged a First Information Report with the Barasat Police Station against him on 27.8.1978 at about 1.45 a.m. to the effect that he came to know that one Abdul Lagit of Khilkapur, father of Gaffar Ali, who was admitted to the Barasat Sub-Divisional Hospital and had been under the treatment of the accused. The accused had demanded Rs. 150/- from him for his proper treatment. On 26.8.1978 at about 22.15 hours one Sri Ali Logit, accompanied by one Sri Sh,y;1!ual Chakraborty, had offered the accused Rs. 70/- only, which was received by him. On such allega liOns the aforesaid Barasat P.S. Case No. 90 dated 27.8.1978 was started against the accused for alleged offences punishable under Section 161, I.P.C., and Section 5 of the Prevention of Corruption Act, 1947. As noted, the relevant case was started as far back as 27 .8.1978. It is submitted by the learned Advocates for both sides that the charge-sheet in the said case was submitted on 30.7.1984, after a little less than 6 years. It is neither disputed that not a single witness has thereafter been examined by the prosecution in connection with the relevant case. The relevant case is accordingly pending for about 10 years since the submission Of the charge-sheet therein without examination of any witness whatsoever. That being so, there could be little denying that there has indeed been an inordinate delay in the trial of the relevant case.