U KASHAIAH Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-8-13
HIGH COURT OF ANDHRA PRADESH
Decided on August 13,1971

U.KASHAIAH Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) This is a classic instance of what is popularly known as "laws' delays" for which the Courts are often blamed. For an offence committed in 1957-58 Crime No. 174 of 1959 was registered by the Police and a charge-sheet was filed on 15th March, 1960 and the case, P.R.C. No. 14 of 1964, ended in committal to the Court of Sessions by an order of the VI City Magistrate on 28th September, 1964. That case is still at the stage where even the trial by the Court of Sessions has not been taken up though 12 years have elapsed from the date of the alleged commission of offence and about seven years have elapsed from the committal to the Sessions Court.
(2.) The case against the accused is that A-1 who was an Accountant and A-2 who was Cashier in the Nizam's College at Hyderabad, entered into a criminal conspiracy to dishonestly misappropriate certain amounts from the College funds relating to scholarships by drawing a second time scholarships already paid to the scholarship-holders as if they were not so paid, and in pursuance of the said conspiracy, they had falsified the accounts in respect of each of the amounts, forged documents and used the forged documents as genuine and wrongfully converted the amounts to their own use and thereby committed various offences under sections 120-B, 477-A, 468, 468 read with 471 and 409, Indian Penal Code. Even at the stage of the committal proceedings, a number of petitions were filed, one alleging want of authority required under section 196-A of the Criminal Procedure Code, another alleging non-compliance with the provision of section 233, Criminal Procedure Code and 239 Criminal Procedure Code, resulting in Criminal Revision Case Nos. 342 and 343 of 1960 in the High Court, a petition against joint trial resulting in Criminal Revision Case No. 242 of 9611 in the High Court; another petition raising again the objection under section 196-A, Criminal Procedure Code, once again resulting in Criminal Revision Case No. 806 of 1963 in the High Court. After all this delay the case came to be committed to the Court of Sessions on 28th September, 1964. Even after the committal the trial could not be taken up again due to a number of petitions being filed and taking the orders thereon in revisions to the High Court.
(3.) The witnesses cited by the prosecution are 46 in number, whereas for the accused 27 defence witnesses have been cited. With regard to the defalcations of the alleged funds prior to filing of the complaint before the Police, the Vice-Chancellor of the University had constituted two committees, one headed by Sri Nawab Syed Jung Bahadur, a retired High Court Judge and the second headed by Mr. J.P.L. Gwynn as Chairman with Mr. Ali Akbar, the then Director of Public Instruction and Mr. J.V. Subba Rao, the then Principal of the Law College as its members. The second committee had examined 41 witnesses including the two accused and the then Principal of the Nizam's College Sri Prasadarao. On their report some punishment was imposed departmentally on Sri Prasadarao and complaints were made to the Police against the two accused and it is as a result of the investigation thereon that the present case arose and ended in the committal of the accused. The further delay after the committal centres round the supply of copies of the statements recorded by the committee headed by Mr. J.P.L. Gwynn at the enquiry held by them and the summoning of Mr. Gwynn who was cited as one of the defence witnesses.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.