BUBNA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred on behalf of 11 petitioners. The prayer made in the present application is to quash the FIR and the consequent prosecution of the petitioners under Sections 147, 148, 149, 323, 324, 307 and 302 of the IPC read with Section 27 of the Arms Act against the petitioners arising out of Kaleya PS Case No. 33 of the 1998. The single ground urged in support of the only prayer made in the application is that the proceedings are vitiated for reason of inordinate delay in conclusion of the prosecution, i.e. for over 15 years, thus violating the fundamental rights of the petitioners to speedy trial guaranteed under Article 21 of the Constitution.

(2.) THE present prosecution arises out of an FIR lodged on 23.5.1988. The deceased expired subsequently on 26.5.1988 when Section 302, IPC was added in the prosecution charges. It is alleged that on 30.8.1989 the Investigating Officer has noted in the Case Diary that the investigation is complete on every point. Nonetheless the charge -sheet was submitted on 9.9.2002 after a lapse of almost 15 years. Based on the charge -sheet cognizance against the petitioners herein was taken on 10.1.2003 and which is presently under challenge.

(3.) LEARNED counsel Shri Naresh Chandra Verma appearing for the informant has opposed this prayer and contended that the prosecution should be allowed to continue and reach its logical conclusion.