DHARAMDEOARPA Vs. STATE OF BIHAI

JUDGEMENT

(1.) -This is an application under Articles 226 and 22' of tbe Constitution of India by one of the accused in Kadamkuan P. S. Case No. 31 dated 10-9-1976 under Sections 120-B, 409, 406, 467 and 420,1.P.C. pending before the Sub-Divisional Judicial Magistrate, Patna, for restraining the respondents from proceeding with such case.

(2.) A F. I. R. was lodged by T. Nand Kumar, Liquidator, Patna Urban Co-operative Bank Limited, against the petitioner and one M. A. Haidri, Manager of the Bank, alleging that the petitioner and the Bank Manager entered into a criminal conspiracy. On 25-6-1973, Rs. 21.500/- were given to the petitioner by the Patna Urban Co-operative Bank as loan without any application for loan or execution of any agreement or pleading of goods and without any sanction by the loan Sub-Committee or the Board of Directors. Charge sheet has been submitted but trial has not yet been concluded. The petitioner has claimed that be never absconded but still due to the callous attitude of the prosecution the case has not yet been concluded. He has alleged that such long delay in conclusion of his trial has infringed and violated his fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India.

(3.) Learned counsel for the petitioner has passed for quashing the proceedings before the court below submitting that such a long delay in disposal of his case has infringed and violated petitioner's fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India though he was never at fault.