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2010 (5) TMI 569

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....s been filed under article 227 of the Constitution of India read with section 482 of the Criminal Procedure Code to seek the setting aside of the ACMM's order dated June 9, 2005 and the learned ASJ's order dated January 18, 2006 and for quashing the complaint dated March 31, 1987, filed by Sh. R. L. Bali, Income-tax Officer, Company Circle XII, New Delhi against the petitioners and late Smt. Prem ....

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....nder article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the ....

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....as about 28 years. In the present case, the trial was initiated on March 31, 1987 in respect of the assessment year 1976-77. Even from the year 1987, till this petition was filed in the year 2006, over 19 years had passed. There is no explanation given by the respondents as to why other prosecution witnesses have not been examined despite the passage of time and it is also evident from the record ....