RATAN LAL SETHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition, under Section 482, Cr. P.C. read with Art. 21 of the Constitution of India, has been filed by seven accused persons who are standing trial on charges of unlawful criminal trespass in a shop with intent to commit theft and actually commiting of grocery articles. The incident occurred on 2nd January, 1983 and a complaint to SDJM, Jangipur, District Murshidabad was made on 3rd January, 1983.

(2.) The petitioners seek quashing of proceedings before the criminal Court on the ground that it has turned into an unfair trial in violation of the mandate inherent in Art. 21 of the Constitution of India, for a fair trial, means speedy trial. The case has, however, lingered on for ten years, according to the petitioners. The petition had been filed on 5th Nov. 1993. The complainant and the respondent No. 2, i.e. both the parties are residents of village Aurangabad, Police station, Suti, District Murshidabad.

(3.) According to the allegations, the complaint was that all these petitioners-accused, in furtherance of their common intention, trespassed into the shop of complainant on 2nd January, 1983 and snatched away mustard oil, eleven bags of sago, two bags of chilly etc. valued at Rs. 2,500. They did so due to some previous grudge. Some of the petitioners had obtained a decree of eviction from a Civil Court against the complainant-respondent No. 2. Respondent No. 2 had filed an appeal before the District Judge against that decree and the decree was set aside. It was asserted that ever since 1983, the Magistrate had adjourned the case for cross-examination. It is also urged that the petitioners are entitled to be discharged under the provisions of Section 245(3), Cr. P.C. as introduced by a West Bengal Amendment.