ALLADIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The short point which I am called upon to decide in this criminal miscellaneous petition is related to the fundamental right for speedy trial guaranteed under Art. 21 of the Constitution of India.

(2.) There is no dispute that the petitioner has been facing trial in a criminal case under section 420, 419/34 of the Indian Penal Code since July 7, 1982 on which the charge sheet was filed by Police Station Kama against him. Thereafter charges under section 419 and 420 Penal Code were framed against him on Sept. 17, 1987. After hearing the final arguments, the case was posted for pronouncement of judgment of Dec. 8,1996.

(3.) The trial court instead of disposing the case, observed that charges under section 419 and 420 Penal Code were not properly framed therefore in view of section 216 of the Code of Criminal Procedure, the charges were amended and under section 467, 468 and 420 of the IPC. The accused denied charges and again claims trial. The learned Public Prosecutor application for summoning the witnesses and case was posted for reply and arguments over the said application.