LAWS(PAT)-1996-12-14

R K MANDAL Vs. STATE OF BIHAR

Decided On December 18, 1996
R.K.MANDAL Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) In this writ petition the prayer on behalf of the petitioners is for quashing of the entire criminal prosecution pending against them before the Special Judge, Vigilance, Patna, being Special Case No. 169 of 1983 arising out of Vigilance P.S. Case No. 53 of 1979.

(2.) The sole ground taken in the writ petition for quashing of the said criminal prosecution is its continuance for more than seven years allegedly infringing their fundamental rights of speedy trial guaranteed under Article 21 of the Constitution of India.

(3.) Earlier a Division Bench of this Court, vide judgment and order dated 29th June, 1995, had allowed the writ petition and quashed the impugned proceeding of Special Case No. 169 of 1983. Against the said judgment of the Division Bench of this Court, the .State of Bihar preferred S.L.P. (Crl.) 4203 of 1995 in the Supreme Court in which leave was granted and the said S.L.P. was registered as Criminal Appeal No. 621 of 19%.