VED BHUSHAN Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) DR . Ved Bhushan, petitioner through this criminal miscellaneous under Section 842, CR. P.C. seeks the quashing of the proceedings, arising out of challans Annexure P. 1 to P. 4 with respect to case, FIR No. 51 dated 10.9.1982, Police Station Thermal Plant Bathinda, for offences under Sections 420/468/471/1.0-C, IPC.

(2.) THE petitioner have averred that the impugned FIR was registered against him and others, on the allegations that while posted as Senior Medical Officer, Civil Hospital, Bathinda between 1979 to 1981, he had issued medical prescription slips to employees of the Thermal Plant who visited the hospital for treatment. Fake prescription slips had been issued to those employees in conspiracy with the employees and other officials and chemists of the Thermal Plant. During investigation, the police recorded the statements of Anant Ram and Nand Singh to the effect that the petitioner had conspired with Sujit Kumar, Pawan Kumar and Ramesh Kumar and issued false prescription slips to them. On the basis of these allegations, 13 challans were put in the Court in 1983 against him. The same being challan numbers 9, 10, 11, 12, 26, 27, 28,29, 30, 31, 32, 40 and 43 in the year 1983. These challans were decided on various dates, viz, 3.12.1988, 5.12.1988, 23.10.1989, 18.11.1989 and 20.1.1990 and the petitioner was acquitted in all these cases. The evidence was almost the same against him in all these cases. The main evidence was that of Anant Ram and Nand Singh who, while appearing in Court, showed ignorance of any conspiracy. One on the orders of the acquittal passed in challan 9 is Annexure P. 1. The police, out of vengeance, again put in Court 3 challenge being file Nos. 157, 158 and 160 of 29.8.1991, relating to the same FIR 51. According to the reports under Section 173 Cr.P.C., Annexures P. 2 to P. 4, the allegations relate to amounts of Rs. 211.55; 189.10 and 218.05. The same witnesses, Anant Ram and Nand Singh have been cited. The police has been harassing the petitioner since 1982. He has been attending the Court at Bathinda by suffering expenses, inconvenience and mental torture. The presentation of challan files after lapse of 10 years, amounts to abuse of process of the Court and also denial of the fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India for speedy trial.

(3.) ADMITTEDLY the challans relate to the FIR 51 which was registered on 10.9.1982 and in respect of which, 13 challans were instituted, all of which ended in acquittal of the petitioner. After decision of these challans, 3 more challengers, on the same facts, have now been instituted and the only ground taken to explain the delay is the non receipt of sanction. It gives no credit to the authorities for not obtaining sanction for all these years. Even a criminal should have peace of mind at some moment of time. The right of speedy trial was recognised in a Full Bench decision of the Patna High Court, reported as Madheshwardhari Singh and another v. State of Bihar, 1990(3) Recent Criminal Reports 302 : 1986 Crl. L. J. 1771 wherein their Lordships held that the right of speedy trial is now as inalienable fundamental right of a citizen under Article 2 of the Constitution of India. A delay of seven years in investigation and trial in a criminal case is the outer limit for concluding the proceedings in cases which are not punishable with imprisonment for life or death. In Balwant Singh v. State of Haryana, 1990(1) Recent Criminal Reports 672 : 1990 PAP 10. J.S. Sekhon, J, and in Dharam Pal v. State of Haryana, 1990 PAP 140, S.S. Grewal, J. quashed the proceedings due to inordinate delay in completion of trial. The same principle applies to the case in hand.