LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three petitions U/s. 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') seek the same relief of getting quashed the criminal proceedings in criminal case Nos. 156 of 1983 to 160 of 1983 State Vs. Ram Gopal and Ors. U/ss. 420, 465, 466, 467 and 468 r.w. Sec. 120B I.P.C. pending in the court of Additional Chief Judicial Magistrate No. 3, Jaipur City, Jaipur. These were heard together and are disposed of by this common order.

(2.) The factual matrix which makes the common basis for the prayer made by the petitioners is as under:

(3.) Relying heavily on Supreme Courts decision in the case of A.R. Antulay Vs. R.S. Nayak (AIR 1992 SC 1701) and this courts decision in Chotey Lal Jain Vs. State of Rajasthan (1992 RCC 167) Mr. D.C. Swami, the learned counsel for the petitioners, has vehemently urged that the protracted trial of the petitioner infringes their fundamental right to speedy trial enshrined in Art. 21 of the Constitution of India and the proceedings pending against the petitioners in the five case amount to abuse of the process of the court which is required to be prevented by quashing such proceedings. The learned Public Prosecutor, on the other hand, urged that no time limit for completion of the criminal proceedings may be drawn and each case is to be decided on its own facts having regard to the nature of the offence involved therein. It was submitted that in the cases pending against the petitioners the offences relating to the cheating of the state employer and falsification of the public documents were involved and therefore, the proceedings be not quashed on the sole ground of delayed trial,