Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF IND/A, 1950:Article 21 - Right to speedy trial - HELD: Is an c inalienable right applicable not only to actual proceedings in court but also includes within its sweep the preceding police investigations as well - In the instant case, prosecution has failed to show any exceptional circumstance for condoning a ' ~' callous and inordinate delay of more than 20 years in investigation and the trial - In the circumstances, continuance of criminal proceedings against appellant is unwarranted - Proceedings quashed - Code of Criminal Procedure, 1973 - s.482 - Penal Code, 1860 - ss. 161, 109, 120-B - Prevention of Corruption Act, 1947 - s. 5(2). The appellant was an Assistant Engineer in the Bihar State Electricity Board. A complaint was lodged against him by a contractor for allegedly demanding Rs.1,000/- as illegal gratification. A trap was laid and the appellant was caught red handed. A charge-sheet was filed on 28.2.1982 against the appellant for commission of offences punishable u/ss 161, 109, 120-B IPC and s.5(2) of the Prevention of Corruption Act, 1947. The Magistrate took cognizance on 9.12.1982. The appellant filed a petition u/ s 482 CrPC before the High Court contending that the Inspector of Police who had conducted the investigation ... had no jurisdiction to do so. The High Court by its order dated 7 .12.1990 quashed the order of Magistrate taking - cognizance, with a direction to get the investigation completed by the appropriate officer, within three months, but to no avail. In the year 1998 the appellant filed another petition uls 482 CrPC for quashing of the proceedings pending against him in Special Case No. 29 of 1987 before the Special Judge. During the pendency of the petition, the investigation was completed and a fresh charge-sheet was filed on 1.5.2007. On 9.7.2007, the High Court dismissed the appellant's petition. In the instant appeal, it was contended for the appellant that though a period of about 28 years since the registration of the case against him had elapsed, the trial did not commence and the appellant was deprived of his constitutional right of speedy investigation and trial flowing from Article 21 of the Constitution. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2009 INSC 62 |
Petitioner | Vakil Prasad Singh |
Respondent | State Of Bihar |
SCR | [2009] 1 S.C.R. 517 |
Judgement Date | 2009-01-23 |
Case Number | 138 |
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