NAND KISHOR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHETHER an unexplained delay in according sanction for prosecution by the appropriate authority infringes the right of an accused to speedy trial is the question to be decided in this case.

(2.) THE petitioner, twelve in number, who are police personnels, have moved this court under Article 226 of the Constitution with a grievance that though a criminal case was registered against them on 13. -3 -1989 and the investigation was completed as far back as in 1995, no sanction has been accorded by the State for filing the final form, as a result the petitioners are deprived of their right to speedy trial.

(3.) THE petitioners were deputed at village Khajuri police post under Konch police, district Gaya, in January, 1989, in law and order duty for keeping in the said village. A house was attacked by Maobadi Communist Centre (commonly known as "M.C.C.") extremist group on 12. -3 -1989 at 10.30 p.m. The informant, Sub -Inspector of B.M.P. III, Govindpur, Dhanbad who was incharge of Khapuri police station, made statement (BEYAN) stating, inter alia, that when 15 -20 MCC extremists reached at the police post in order to take away rifles after attack, in self defence, the constables opened fire. The extremists filed away and thereafter the informant noticed that one of the colleagues, Yogendra Choubey lying dead having received injury on chest. The rifle was lying besides the dead body but the chain of the deceased was intact in his waist. The informant found one round firing by the rifle of the deceased and one empty cartridge was seen there and on that side Madan Upadhayay had also taken position after alarm. It is alleged that Madan Upadhayay opened fire hour times and Sitaram Dubey for two times. One extremist also received the fire injury made by the police picket and the dead body of the extremist Suryadeo Ravidas was found near the dead body of Yogendra Choubey. Information was given to the police station for taking appropriate action against the extremists. Further allegation is that villagers after the occurrence reached there making Hulla. On the basis of the said report the police drew up a formal first information report and registered Konch P.S. Case No. 26/89 dated 13 -3 -1989 for the offence under Sections 148, 149, 302 and 307 of the IPC read with Section 27 of the Arms Act against 15 -20 unknown extremists. A copy of the FIR is Annexure -1. Information was also given to the higher authority of the police department with respect to incident of 13 -3 -1989 with respect to killing of Yogendra Choubey by the extremists in the said attack. However, one Jamuni Devi, wife of the deceased Suryadeo Ravidas, one of the extremists, made a report before the officer -in -charge of the Konch police station on 13 -3 -1989 at 8 a.m. alleging, inter alia, that two rounds of firing were heard by her. Her husband left the place on hearing the sound of firing but as soon as he came out from the house, 2 -3 constables cought -hold of him saying that he was a bad element for keeping gun and cartridge. When her husband denied the allegation, the constable did not pay any heed, rather he was taken away by them. In the said night she did not lodge any information but in the next morning she narrated the fact to one Ram Naresh Ram, a teacher of the school. This Ram Naresh Ram consoled her by saying that the police had taken him for some enquiry. However, subsequently the informant came to know that her husband was done to death by rifle, though she could not know the name of the assailants among the constables. On the basis of this FIR police registered Konch P.S. Case No. 28 of 1989 dated 13 -3 -1989. FIR of this police case is Annexure -2. To that effect the informant Jamuni Devi also filed a complaint case bearing No. 259 of 1989 before the Chief Judicial Magistrate, Gaya, The complaint petition is Annexure -3.