TASALIMUDDIN @ MD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court in the present proceeding filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C") with a prayer for quashing the criminal prosecution of the petitioner in connection with Complaint Case No. 700 C of 1998 giving rise to Trial No. 1344 of 2011 (now Trial No. 968 of 2014) pending in the court of learned Judicial Magistrate, Ist Class, Kishanganj primarily on the ground of violation of his right to speedy trial guaranteed under Article 21 of the Constitution of India.

(3.) Learned counsel appearing on behalf of the petitioner has submitted that opposite party no.2 filed the aforesaid Complaint Case No. 700 C of 1998 on 22/7/1998 in the court of learned Chief Judicial Magistrate, Kishanganj alleging commission of various offences including offences under Ss. 328, 384, 379 and 120B of the Indian Penal Code besides other allied and minor offences under the Indian Penal Code. It is pointed out that an enquiry under Sec. 202 Cr.P.C. was conducted by the learned Judicial Magistrate wherein five witnesses were produced on behalf of the opposite party no.2 on different dates in the year 1998 itself and accordingly cognizance was taken by the learned Magistrate by order dtd. 20/2/1999 and processes were issued against the accused persons including the present petitioner. He has fairly conceded that the order taking cognizance was subject matter of challenge before the learned Sessions Judge, Purnea in Cr.Revision No. 142 of 1999 which was ultimately dismissed on 24/4/2000. Thereafter, the petitioner moved this Court in Cr.Misc.No.29227 of 2000, which was ultimately dismissed by order dtd. 6/8/2002 and order taking cognizance was not interfered with. It is the case of the petitioner that thereafter he surrendered in the court below and was released on bail on 5/9/2003.