DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated December 22, 1987, passed by the Sessions Judge, Pali, in Criminal Revision No. 60 of 1983 arising out of the order dated May 16,1983, passed by the judicial Magistrate, Pali, by which the learned Magistrate framed the charges under Section 419, I. P. C. against the petitioner.

(2.) THE incident which led to the prosecution of the petitioner, took place on August 2,1975, and the Frist Information Report of this incident was lodged at the Police Station, Pali, August 8, 1975. It is alleged in the First Information Report that On August 2,- 1975, as type-test for appointment on the post of Typist cum Clerk was held in the Office of the District and Sessions Judge, Pali, in which the petitioner Impersonating himself as Bhanwar Singh and Alok Kumar, appeared on their behalf in the said type-test. On the basis of this, report the police, after necessary investigation, presented the challan against the petitioner, Bhanwar Singh and Alok Kumar in the Court of the Judicial Magistrate, Pali. Though the challan was filed in the year 1975, but the learned Magistrate framed the charges against the petitioner under Section 419,i. P. C. on March 14,1983. Dissatisfied with the order, passed by the learned Magistrate, framing the charge, the petitioner preferred a revision petition before the learned Session Judge, Pali, who, by his order dated December 22, 1987, dismissed the revision petition. THE petitioner has filed this petition under Section 482, Cr. P. C. for quashing the proceedings pending against the petitioner in the Court of the Additional Chief Judicial Magistrate, Pali as well as for quashing the charge framed against him.

(3.) EVERY accused has a fundamental right for speedy trial and if the accused is not tried speedily and the case remains pending before the Court for unreasonable length of time, i. e. , for about 15-1/2 years, then there is a violation of this fundamental right guaranteed under Article 21 of Constitution of India. A speedy trial is a sing qua non of Article 21 of the Constitution of India and keeping a person in suspension state for 15 - years without any rhyme or reason cannot be the spirit of the procedure established by law. The sword of Damocles cannot be allowed to remain hanging over the head of the accused person for an Indefinite period. The offence, with which the petitioner has been charged in this case, is under Section 419, I. P. C. which is punishable with imprisonment extending to three years or with fine or with both. Looking to the nature of the Case, the attending circumstances and the delay in the trial, which has been prolonged for 15 - years, I am of opinion that it will be an abuse of the process of the Court in allowing the proceedings to continue in the trial Court.