SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a criminal misc. petition in which it has been prayed that on the ground of protracted trial, (there is no progress in the trial of the case) the proceedings be quashed and the accused persons be acquitted.

(2.) After inspection of Shah Agro Industries, a trader of Dal and Basen etc., the Enforcement Officer, Kota submitted a report on 24th July, 1979. The said report referred to various irregularities committed by M/s. Shah Agro Industries. One of the irregularities which was found on verification was in respect of 132 bags of rice which had been pledged in the bank in the name of Shah Agro Industries when in fact, the said bags were of V.P. Dal and Basen Mill, Kota. On the said report after investigation a charge-sheet was filed on 9th April, 1980 in the court of learned Magistrate and the charges were framed on 28th June, 1980 and the plea of the accused petitioner was recorded. It will be seen from the concerned file which was sent for that there has been no progress in the trial and not a single witness of the prosecution has been examined. The accused petitioner had moved earlier an application under Sec. 482 Criminal Procedure Code. in this Court and the learned Judge (M.R. Calla, J) under his orders dated 2nd Aug., 1991 had disposed of the said petition and made the following observations :

(3.) Despite the aforesaid direction, there was no progress in the trial of the aforesaid case. A bare perusal of the ordersheet in the aforesaid case in the file of the trial court will show that the file was received by the trial court only 7th Dec., 91 and thereafter there have been as many as 5 dale but no progress has taken place in the case. It can therefore, be said that in respect of irregularities said to have been committed in relation to aforesaid number of bags, an offence under Sec. 3/7 of the Essential Commodities Act is said to have been committed as far back as on 27th July, 1979. Therefore there is no progress in the trial of the case. In otherwords, the trial of the case is pending for almost about 14 years. It is well settled law that expeditious trial in the criminal case is the fundamental right of the accused under Art. 21 of the Constitution of India, the procedure asserted by law should be fair and reasonable. The trial of the present case has not even made any progress and could not conclude in as many as 14 years and the accused faced trail for a period of 14 years. In the case of present nature, one can understand the mental agony of the accused who has undergone and suffered in a criminal case in the court of law. In the instant case, the accused petitioner cannot be said to be at fault in any manner whatsoever in this behalf. Despite the order of this court, still there is no progress in the trial of the case of more than one year.