KRISHNA CHANDRA GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the prosecution in Case No. 520 C of 1971, instituted under S. 7 of the Essential Commodities Act, on a ground that at least 23 years, from the date of institution of the complaint, have passed, the prosecution has not been closed as yet. It is stated that whole proceeding for the blatant violation of the constitutional right of a speedy trial by its prolongation is in utter disregard to the fundamental right of the petitioners, envisaged under Art. 21 of the Constitution of India.

(2.) In several cases, the Supreme Court as also this Court had occasion to examine the right of a citizen for speedy trial in criminal prosecution. As back as in the year, 1979, itself the Supreme Court in the case of Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369 held as follows :

(3.) In the case of Madheshwari Singh v. State of Bihar, 1986 PLJR 767, the Hon'ble Chief Justice Sandhawalia, speaking for the Full Bench, held, on a review of several decisions of this Court and of the United States of America, that right to speedy trial is inherent in and flows from Art. 21. It would be useful to notice some of the relevant principles, formulated by his Lordships in this regard, namely :