2007 (6) TMI 578 - HC - Indian Laws

Court quashes criminal proceedings over 25-year delay, citing petitioner's mental agony.

Dilip Kumar Mukherjee Versus Central Bureau of Investigation and Ors.

Dilip Kumar Mukherjee Versus Central Bureau of Investigation and Ors. - TMI Issues Involved:1. Allegations of criminal conspiracy and cheating.2. Investigation and chargesheet submission.3. Procedural delays and the right to a speedy trial.4. Supply of documents and procedural fairness.5. Judicial precedents on delay in criminal proceedings.Detailed Analysis:Allegations of Criminal Conspiracy and Cheating:The petitioner, as Secretary of Nataraj Khadi Shilpa Samity, was accused of entering into a criminal conspiracy to cheat the Government of India. They allegedly formed a Co-operative Society and obtained interest-free loans from the Khadi and Village Industries Commission (KVIC) for producing 'Silk Khadi,' but misused the funds for personal gain and created fake documents to obtain further assistance. The alleged cheating amounted to Rs. 14.35 lakhs outstanding till November 30, 1992.Investigation and Chargesheet Submission:The FIR was registered under Sections 120B, 420, 467, 468, and 471 of the Indian Penal Code. The investigation was entrusted to the Inspector of the Bureau, who submitted the chargesheet on November 23, 1994, against the petitioner and Narayan Chandra Dalai. The Court took cognizance based on the police papers and issued process.Procedural Delays and the Right to a Speedy Trial:The petitioner challenged the continuation of the proceedings under Section 482 of Cr.PC, citing the protracted delay in the trial as a violation of his fundamental right to a speedy trial under Article 21 of the Constitution. The Court noted that the FIR was lodged in 1992 for an offence allegedly committed in 1982, and the chargesheet was submitted in 1994. Despite the chargesheet submission, the case experienced numerous adjournments due to various reasons, including the absence of the accused, the Presiding Officer, and procedural delays in supplying documents.Supply of Documents and Procedural Fairness:The petitioner complained about the delay in supplying copies of documents relied upon by the prosecution, which were voluminous. The Court acknowledged that the accused had to pay for these copies, which should have been supplied free of cost under Section 207 of Cr.PC. This procedural lapse was criticized as it put the administration of justice into question.Judicial Precedents on Delay in Criminal Proceedings:The Court referred to several precedents, including the A.R. Antulay case, which emphasized that the right to a speedy trial is a fundamental right. It was noted that while delays in criminal proceedings are sometimes unavoidable, they should not infringe on the accused's rights. The Court also cited cases where proceedings were quashed due to inordinate delays, such as Animesh Chandra Sengupta v. State of West Bengal and Pradip Mitra v. State of West Bengal.Conclusion:The Court concluded that the delay in the case, spanning over 25 years since the alleged offence and 15 years since the initiation of the criminal proceedings, was unjustifiable. It was determined that the prosecution could not proceed effectively after such a long period, and the petitioner had suffered significant mental agony. Consequently, the Court allowed the application, quashed the criminal proceeding, and discharged the petitioner from his bail bond.Orders:The criminal proceeding being G.R. Case No. 7 of 1993 pending before the learned Court of SDJM, Bishnupur, District-Bankura, was quashed. The interim order was made absolute, and the petitioner was discharged from his bail bond. The Court directed that a copy of the order be sent to the learned Trial Court for necessary action and provided certified copies to the counsel for both parties.