P RAMACHANDRA RAO Vs. STATE OF KARNATAKA
LAWS(SC)-2002-4-175
SUPREME COURT OF INDIA
Decided on April 16,2002

P. RAMACHANDRA RAO Appellant
VERSUS
STATE OF KARNATAKA Respondents





Cited Judgements :-

BUDH SINGH VS. SANGEETA KEDIA [LAWS(DLH)-2011-11-158] [REFERRED TO]
KRISHNA KUMAR VS. STATE OF U.P. [LAWS(ALL)-2023-1-50] [REFERRED TO]
MERAJ ALI VS. STATE OF U.P. [LAWS(ALL)-2022-9-125] [REFERRED TO]
BIKASH CHANDRA PRADHANI VS. STATE OF ASSAM [LAWS(GAU)-2022-6-15] [REFERRED TO]
NITIN ARYAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-6-32] [REFERRED TO]
THE SOUTH INDIAN SUGAR MILLS ASSOCIATION VS. GOVERNMENT OF KARNATAKA [LAWS(KAR)-2014-11-173] [REFERRED TO]
STATE VS. M GOPALAKRISHNAN [LAWS(MAD)-2009-4-280] [REFERRED TO]
STATE OF JHARKHAND VS. VIJAY SINGH [LAWS(JHAR)-2023-9-30] [REFERRED TO]
JATINDER PAL SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2022-1-116] [REFERRED TO]
KULDEEP KUMAR TRIPATHI VS. RANG BAHADUR [LAWS(ALL)-2010-2-52] [REFERRED TO]
RAMJEET BIND AND JAGDISH BIND BOTH SONS VS. STATE OF U P [LAWS(ALL)-2006-1-125] [REFERRED TO]
RAMJEET BIND VS. STATE OF U P [LAWS(ALL)-2006-2-39] [REFERRED TO]
RHEA KAMAT VS. STATE OF GOA [LAWS(BOM)-2020-7-201] [REFERRED TO]
SARVESH VS. STATE OF U P [LAWS(ALL)-2018-3-264] [REFERRED TO]
MOHAN VS. STATE OF U P [LAWS(ALL)-2016-6-111] [REFERRED]
PANKAJ JAISWAL VS. STATE OF U. P. [LAWS(ALL)-2021-8-64] [REFERRED TO]
DHARMRAJ VS. STATE OF U. P. [LAWS(ALL)-2021-7-140] [REFERRED TO]
PRAMOD KUMAR SHAHI VS. STATE OF U.P [LAWS(ALL)-2022-7-116] [REFERRED TO]
JIWAN RAM GUPTA VS. STATE THR CBI [LAWS(DLH)-2012-2-47] [REFERRED TO]
BABU JIVAYA URADYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-4-267] [REFERRED]
RANJITSING BRAHMAJEETING SHRAMA VS. KISAN BABURAO HAZARE [LAWS(BOM)-2004-3-52] [REFERRED TO]
FREDDY MERGULHAO, MAJOR, PRESENTLY WORKING FOR INSTITUTE OF PUBLIC ASSISTANCE VS. STATE OF GOA [LAWS(BOM)-2004-8-165] [REFERRED TO]
KANJI KALYANJI AND CO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-10-20] [REFERRED TO]
THOMAS COOK (INDIA) LIMITED VS. RED APPLE CHANDRARAT TRAVEL [LAWS(BOM)-2023-1-81] [REFERRED TO]
BISWANATH BHAGAT VS. OM PRAKASH SAHA [LAWS(ORI)-2002-7-25] [REFERRED TO]
SUSHILA DEVI, WIFE OF LATE BHAGWAN SINGH, RESIDENT OF MOHALLA VS. STATE OF BIHAR [LAWS(PAT)-2016-10-27] [REFERRED TO]
STATE VS. NARAYAN WAMAN NURUKAR [LAWS(SC)-2002-8-34] [REFERRED]
RAJ HIGH COURT JODHPUR VS. STATE [LAWS(RAJ)-2011-4-24] [REFERRED TO]
TAHIR KHAN ALIAS SHAKEEL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-8-27] [REFERRED TO]
SACHIN V.JAIN VS. STATE [LAWS(MAD)-2020-1-446] [REFERRED TO]
GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) VS. BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED [LAWS(SC)-2021-3-50] [REFERRED TO]
CHIEF REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ORS. VS. RAJ GINNING INDUSTRIES [LAWS(NCD)-2016-2-16] [REFERRED TO]
N. BALASUBRAMANIAN AND ORS. VS. INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION [LAWS(MAD)-2015-6-484] [REFERRED TO]
NINAN THAYYIL AND ORS. VS. STATE OF KERALA [LAWS(KER)-2015-3-51] [REFERRED TO]
NARAIN DEV DHABLANIA VS. INCOME TAX OFFICER [LAWS(P&H)-2003-3-6] [REFERRED TO]
SUPERINTENDENT OF POLICE KARNATAKA VS. B SRINIVAS [LAWS(SC)-2008-8-107] [REFERRED TO]
NARAYAN SAHOO VS. STATE OF ORISSA [LAWS(ORI)-2013-9-49] [REFERRED TO]
NARAYAN SAHOO AND ORS. VS. STATE OF ORISSA [LAWS(ORI)-2014-9-93] [REFERRED TO]
A.G.CHANDRASEKAR VS. STATE [LAWS(MAD)-2020-6-60] [REFERRED TO]
KRISHNAKANT TAMRAKAR VS. STATE OF MADHYA PRADESH [LAWS(SC)-2018-3-75] [REFERRED TO]
MURUGANANTHAM VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2022-1-13] [REFERRED TO]
MOHAMMAD ZAENAL ARIFIN VS. STATE [LAWS(MAD)-2022-4-167] [REFERRED TO]
V. VENKATA PRASAD VS. HIGH COURT OF A.P. [LAWS(SC)-2016-6-24] [REFERRED TO]
LOKESH KUMAR JAIN VS. STATE OF RAJASTHAN [LAWS(SC)-2013-7-78] [REFERRED TO]
NIRANJAN HEMCHANDRA SASHITTAL VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-3-36] [REFERRED TO]
KALAKUMAR K. VS. STATE OF KERALA [LAWS(KER)-2022-7-335] [REFERRED TO]
ORISSA COTTON MILLS VS. PRESIDING OFFICER, LABOUR COURT AND 2 ORS. [LAWS(ORI)-2008-10-68] [REFERRED TO]
MAHESH CHANDRA PATTNAIK VS. STATE [LAWS(ORI)-2010-2-24] [REFERRED TO]
S DEEPAK VS. GEORGE PHILIP [LAWS(KER)-2006-8-88] [REFERRED TO]
LAXMAN S/O DALUJI PATEL VS. STATE OF M.P. [LAWS(MPH)-2016-7-55] [REFERRED TO]
SANDEEP AGRAWAL VS. STATE OF M.P. [LAWS(MPH)-2016-11-58] [REFERRED TO]
HINDUSTAN MOTORS LTD VS. MOTORS [LAWS(MPH)-2009-2-38] [REFERRED TO]
DURGA DATTA SHARMA ALIAS DURGALAL SHARMAAND VS. STATE [LAWS(GAU)-2003-1-28] [REFERRED TO]
PNB METLIFE INDIA INSURANCE COMPANY LTD VS. ASHA AGARWAL [LAWS(NCD)-2015-5-22] [REFERRED TO]
GREIK XAVIER VS. SUB INSPECTOR OF POLICE [LAWS(KER)-2023-8-181] [REFERRED TO]
HARPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-3-175] [REFERRED TO]
SAVITRI MEENA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-1-153] [REFERRED TO]
BHUPENDER SINGH VS. NARCOTIC CONTROL BUREAU [LAWS(P&H)-2022-1-93] [REFERRED TO]
ASMI RAUT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-1-81] [REFERRED TO]
HANMANTRAO SAWALARAM TAGADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-407] [RELIED ON]
JUGALKISHOR DEVILAL AGRAWAL VS. ARJUN VITTHAL PARDESHI [LAWS(BOM)-2008-7-57] [REFERRED TO]
MAPLE HOTELS & RESORTS LTD. (FORMERLY KNOWN AS DARJEELING PLANTATION INDUSTRIES LIMITED) VS. ASSISTANT LABOUR COMMISSIONER, PLANTATION, BIRPARA, JALPAIGURI [LAWS(CAL)-2021-10-19] [REFERRED TO]
VIHABHAI SARTANBHAI DESAI VS. STATE OF GUJARAT [LAWS(GJH)-2003-4-33] [REFERRED]
CENTRAL BUREAU OF INVESTIGATION VS. DINESHCHANDRA S PATEL [LAWS(GJH)-2003-5-10] [REFERRED]
PIKAR DOYOM VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2022-4-19] [REFERRED TO]
T DEVESWAR REDDY VS. ASISTANT DIRECTOR OF AGRICULTURRE [LAWS(APH)-2007-1-66] [REFERRED TO]
SUBIR KUMAR BASU VS. STATE [LAWS(CAL)-2006-1-18] [REFERRED TO]
ILA KAYAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-6-26] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. ASIT BARAN BANERJEE [LAWS(CAL)-2007-5-44] [REFERRED TO]
JAMSHED JAL MENESSE VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-6-129] [REFERRED TO]
STATE THROUGH SUPERINTENDENT OF POLICE CBI VS. MAHENDRA PRASAD [LAWS(JHAR)-2004-4-67] [REFERRED TO]
ANIL M J VS. STATE OF KERALA AND ORS [LAWS(KER)-2015-12-336] [REFERRED]
AJOY KUMAR GHOSE VS. STATE OF JHARKHAND AND OTHERS [LAWS(JHAR)-2015-12-123] [REFERRED TO]
AJOY KUMAR GHOSE VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-12-8] [REFERRED TO]
RAMASHISH SINHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-2-74] [REFERRED TO]
RANJU DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-5-36] [REFERRED TO]
STATE OF JHARKHAND VS. KUNDAN KANDIL [LAWS(JHAR)-2023-7-23] [REFERRED TO]
MD KAMEUAL ISLAM VS. STATE [LAWS(MAD)-2020-6-148] [REFERRED TO]
SANDEEP GURURAJ VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-244] [REFERRED TO]
MAHESH VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2022-2-10] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. POOJA AND ORS. [LAWS(HPH)-2014-4-75] [REFERRED TO]
BISAN LAL VS. STATE OF H P AND OTHERS [LAWS(HPH)-2014-6-168] [REFERRED]
KISHORE RAO D VS. UNION OF INDIA [LAWS(GJH)-2011-10-153] [REFERRED TO]
BHAGYAVATHI VS. MADANLAL D JAIN [LAWS(KAR)-2002-8-54] [REFERRED TO]
P SHEKAR VS. K S MURALIDHAR [LAWS(KAR)-2003-7-74] [REFERRED TO]
C RAMESH VS. STATE OF KARANATAKA [LAWS(KAR)-2008-9-68] [REFERRED TO]
R. Roopa and others VS. State of Karnataka through chief Secretary, Government of Karnataka and others [LAWS(KAR)-2008-9-95] [REFERRED TO]
ANAND SAGAR MEHTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-5-13] [REFERRED TO]
JARNAIL SINGH VS. LACHHMI NARAIN GUPTA [LAWS(SC)-2022-1-92] [REFERRED TO]
VAKIL PRASAD SINGH VS. STATE OF BIHAR [LAWS(SC)-2009-1-43] [REFERRED TO]
BRANCH MANAGER SHRIRAM GENERAL INSURANCE CO. LTD. VS. SHRI NAVIN CHETTRI [LAWS(SIK)-2018-7-2] [REFERRED TO]
JABAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-7-78] [REFERRED TO]
SUO MOTO VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-2-38] [REFERRED TO]
DILAWAR VS. THE STATE OF HARYANA & ANR. [LAWS(SC)-2018-5-12] [REFERRED TO]
AMRIT KAR VS. STATE OF MANIPUR [LAWS(MANIP)-2017-1-11] [REFERRED TO]
BHARAT SUGAR MILLS LTD VS. STATE OF BIHAR [LAWS(PAT)-2010-3-244] [REFERRED TO]
P SIVAGNANAM; A SATHYANATHAN; V DURAIRAJ; V VEERA CHELLAIAH; C ROSAMMAL; V MURUGESAN; K VISWANATHAN; N CHINNASAMY VS. STATE [LAWS(MAD)-2016-8-246] [REFERRED]
J MURUGESAN; J UMAPATHY VS. STATE [LAWS(MAD)-2016-8-301] [REFERRED]
CENTRAL BUREAU OF INVESTIGATION VS. K G PREMSANKAR [LAWS(KER)-2004-11-68] [REFERRED TO]
BRANCH MANAGER, SHRIRAM TRANSPORT FINANCE CO LTD VS. MUKEER AHMED SHIDDHIQUI [LAWS(NCD)-2015-9-203] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. MOHAN GENERAL STORE [LAWS(NCD)-2015-3-157] [REFERRED TO]
K.M. SENTHAMIZHSELVAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2020-6-119] [REFERRED TO]
P MOORTHI VS. STATE [LAWS(MAD)-2020-7-52] [REFERRED TO]
RANDHIR SINGH VS. STATE OF M P [LAWS(MPH)-2014-4-59] [REFERRED TO]
DEBLEENA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-7-1] [REFERRED TO]
P.N. KOHLI VS. UNION OF INDIA [LAWS(DLH)-2011-1-411] [REFERRED TO]
T N Krishna Iyer VS. A K Baig Asstt Collector of Central Excise [LAWS(BOM)-2005-12-91] [REFERRED TO]
TUNCAY ALANKUS VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2002-5-107] [REFERRED]
SANJEEV VS. STATE [LAWS(DLH)-2009-5-256] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. SUNIL CHANDRA MAZUMDAR [LAWS(CAL)-2005-3-44] [REFERRED TO]
PASANG YOLMO VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-7-51] [REFERRED TO]
INDIAN SOCIETY OF LAWYERS VS. PRESIDENT OF INDIA [LAWS(ALL)-2011-7-345] [REFERRED TO]
FUNDAN & 2 OTHERS VS. STATE OF U.P. [LAWS(ALL)-2016-12-80] [REFERRED TO]
VED KRISHNA VS. STATE OF U.P. [LAWS(ALL)-2023-2-8] [REFERRED TO]
NARAYAN WAMAN NERUKAR VS. STATE [LAWS(DLH)-2009-11-24] [REFERRED TO]
NITIN BALIRAM KHARATMOL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-4-216] [REFERRED TO]
C.K. THAPLIYAL VS. SAKHARAM R. DALVI AND ORS. [LAWS(BOM)-2015-6-128] [REFERRED TO]
BHIM SAIN VS. STATE OF H P [LAWS(HPH)-2002-7-8] [REFERRED TO]
Chandrika Prasad Kiran VS. State of Jharkhand [LAWS(JHAR)-2012-11-62] [REFERRED TO]
PREETI CHANDRA VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2023-6-10] [REFERRED TO]
STATE OF GUJARAT VS. JILUBHAI D. VALA [LAWS(GJH)-2020-3-55] [REFERRED TO]
P MANIBALAN MALA VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2012-7-121] [REFERRED TO]
K.C.DURAI @ ALAGAPPAN VS. STATE INSPECTOR OF POLICE [LAWS(MAD)-2013-11-250] [REFERRED TO]
GEETHA SUKUMARAN VS. STATE ELECTION COMMISSION [LAWS(KER)-2021-4-99] [REFERRED TO]
ABDUL WAJID VS. A S ONKARAPPA [LAWS(KAR)-2010-12-49] [REFERRED TO]
JAYAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-1-146] [REFERRED TO]
BALJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-9-53] [REFERRED TO]
MOHD HUSSAIN ALIAS JULFIKAR ALI VS. STATE GOVT OF NCT DELHI [LAWS(SC)-2012-8-57] [REFERRED TO]
RANJAN DWIVEDI VS. C B I THROUGH THE DIRECTOR GENERAL [LAWS(SC)-2012-8-22] [REFERRED TO]
D.RAMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2022-5-150] [REFERRED TO]
BANWARI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-8-268] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2021-7-9] [REFERRED TO]
BRIJ MOHAN LAL VS. UNION OF INDIA [LAWS(SC)-2002-5-46] [REFERRED </RC>]
VYAS SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2010-2-39] [REFERRED TO]
HARIDWAR PANDEY VS. THE STATE OF BIHAR [LAWS(PAT)-2013-4-130] [REFERRED]
ORIENT PROPERTIES AND ORS. VS. RAJESH G. SINGH AND ORS. [LAWS(NCD)-2015-9-37] [REFERRED TO]
P.A.SIDHARTHA MENON VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(KER)-2013-6-276] [REFERRED TO]
SATHYA @ UMA @ DEIVANAI @ YASODHA VS. THE STATE REP BY DEPUTY SUPERINTENDENT OF POLICE Q BRANCH CID, DHARMAPURI DISTRICT [LAWS(MAD)-2012-3-460] [REFERRED TO]
RAMAYANA PRASAD PATHAK VS. STATE OF M P [LAWS(MPH)-2006-5-70] [REFERRED TO]
MONIMOY BAISHYA S/O SONESWAR BAISHYA VS. STATE OF ASSAM AND 3 ORS [LAWS(GAU)-2018-9-26] [REFERRED TO]
GADADHAR NATH PATHAK VS. CHANCELLOR, RANCHI UNIVERSITY [LAWS(JHAR)-2023-4-3] [REFERRED TO]
MANOJ KUMAR VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2022-5-171] [REFERRED TO]
STATE OF HIMACHAL PRADESH AND ORS. VS. SATYA PAL AND ORS. [LAWS(HPH)-2016-5-9] [REFERRED TO]
STATE OF GUJARAT VS. PARMAR GOVIND HARJI [LAWS(GJH)-2019-12-304] [REFERRED TO]
KAY KAY TEXO FAB PVT. LTD. VS. M/S NAVKAR FURNISHING & ORS. [LAWS(DLH)-2016-11-195] [REFERRED TO]
VINAY MEHRA VS. STATE THR. CBI [LAWS(DLH)-2012-11-254] [REFERRED TO]
DHRUV KUMAR DUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-2-43] [REFERRED TO]
STATE OF MAHARASHTRA VS. VIJAY KUMAR GUJARMAL AGRAWAL [LAWS(BOM)-2002-10-28] [REFERRED TO]
RAMA KANT SHARMA VS. STATE NCT OF DELHI [LAWS(DLH)-2005-5-104] [RELIED ON]
REGIONAL DIRECTOR E S I CORPORATION VS. SHYAM BHATIA [LAWS(BOM)-2008-2-26] [REFERRED TO]
GYAS AHMED VS. STATE OF C G [LAWS(CHH)-2008-9-30] [REFERRED TO]
MANDALAPU VEERAIAH VS. STATE OF A P SPECIAL A C B HYDERABAD [LAWS(APH)-2003-3-85] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
HARI SINGH VS. STATE OF U.P. [LAWS(ALL)-2016-12-9] [REFERRED TO]
STATE OF U P VS. MATLOOB AND OTHERS [LAWS(ALL)-2013-7-393] [REFERRED]
AMEER HAIDER VS. STATE OF U.P [LAWS(ALL)-2013-3-67] [REFERRED TO]
BHOLU VS. STATE OF U.P. [LAWS(ALL)-2018-5-10] [REFERRED TO]
SURENDRALAL GIRDHARILAL MEHTA VS. UNION OF INDIA & ORS [LAWS(CAL)-2018-5-66] [REFERRED TO]
SUBHAS CHANDRA DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-12-4] [REFERRED TO]
SAYYAD RIZWAN SAYYAD KASAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-1-22] [REFERRED TO]
S IRUDHAYAM VS. STATE [LAWS(MAD)-2007-11-16] [REFERRED TO]
ABDUL KUDDUS VS. UNION OF INDIA [LAWS(SC)-2019-5-80] [REFERRED TO]
ASHWANI KUMAR VS. UNION OF INDIA [LAWS(SC)-2019-9-14] [REFERRED TO]
SATHYAN VS. STATE OF KERALA [LAWS(SC)-2023-8-33] [REFERRED TO]
N.P.IMMANUEL VS. STATE [LAWS(MAD)-2019-9-271] [REFERRED TO]
MAMTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-9-71] [REFERRED]
(SRI) PURUSHOTTAM LAL KANDOI VS. STATE OF ORISSA [LAWS(ORI)-2017-4-23] [REFERRED TO]
ARIF CONSTRUCTIONS VS. GUNJAN SINGHAL [LAWS(NCD)-2016-7-91] [REFERRED]
SHAJI P R VS. STATE OF KERALA [LAWS(KER)-2006-7-81] [REFERRED TO]
THOMAS CHANDY VS. STATE OF KERALA [LAWS(KER)-2005-11-35] [REFERRED TO]
STATE OF M.P. & ANR. VS. DR. SURESH CHANDRA SAXENA & ANR. [LAWS(MPH)-2003-7-125] [REFERRED TO]
M.D. SHARMA AND OTHERS VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2002-5-115] [REFERRED TO]
S.P. ANAND VS. U.O.I & ORS. [LAWS(MPH)-2006-8-101] [REFERRED TO]
Y.M. TIWARI VS. MAN DAHIMA [LAWS(MPH)-2016-12-60] [REFERRED TO]
A.S. RANA VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2008-7-95] [REFERRED TO]
SHYAM BABU VS. STATE OF U.P. [LAWS(SC)-2012-9-29] [REFERRED TO]
IMTIYAZ AHMAD VS. STATE OF UTTAR PRADESH [LAWS(SC)-2012-2-10] [REFERRED TO]
GOVIND PRASAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-6-87] [REFERRED TO]
PURAN CHAND GUPTA VS. STATE NCT OF DELHI [LAWS(DLH)-2022-3-75] [REFERRED TO]
Irniyus Tigga and five VS. The State of Jharkhand [LAWS(JHAR)-2011-9-57] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. DAHYABHAI DANABHAI DABHI [LAWS(GJH)-2003-5-11] [REFERRED]
UTTAR GUJARAT VIJ COMPANY LTD VS. GHELABHAI VARVABHAI RAVAL [LAWS(GJH)-2013-12-47] [REFERRED TO]
KANTILAL NARSHIBHAI RATHOD VS. NATVARLAL MAVJIBHAI [LAWS(GJH)-2023-8-629] [REFERRED TO]
SOHAN LAL VS. UNION OF INDIA [LAWS(J&K)-2008-12-21] [REFERRED TO]
ASHOK MADAN VS. DIRECTOR TOWN AND COUNTRY PLANNING DEPT [LAWS(HPH)-2002-6-10] [REFERRED TO]
G SRINIVAS REDDY VS. STATE OF A P AND ORS [LAWS(APH)-2017-3-84] [REFERRED TO]
R G CHANDRA MOHAN VS. STATE OF A P [LAWS(APH)-2005-2-78] [REFERRED TO]
REGIONAL DIRECTOR VS. M B ACHAREKAR [LAWS(BOM)-2008-4-617] [REFERRED]
NIKHIL D. DATTAR VS. UNION OF INDIA [LAWS(BOM)-2008-8-262] [REFERRED TO]
YUNUS AHMEDBHAI HAKIMUDDIN VS. A K BAIG, ASSTT COLLECTOR OF CENTRAL EXCISE [LAWS(BOM)-2005-12-184] [REFERRED]
VIDYASAGAR S O BABARAO ASHTAKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-5-32] [REFERRED TO]
NARCOTICS CONTROL BUREAU VS. RAKESH DWIVEDI [LAWS(DLH)-2011-7-221] [REFERRED TO]
SANGAM LAL VS. STATE OF U.P. [LAWS(ALL)-2022-6-67] [REFERRED TO]
RAM KHILARI VS. STATE [LAWS(ALL)-2015-2-186] [REFERRED TO]
HARISH CHANDRA VS. STATE OF U P [LAWS(ALL)-2016-4-327] [REFERRED]
MOHD YUSUF VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-5-424] [REFERRED]
MOHD. KHALID VS. STATE OF U.P. [LAWS(ALL)-2018-3-455] [REFERRED TO]
BABUL ALIAS BABUL KAR VS. STATE OF W B [LAWS(CAL)-2005-5-43] [REFERRED TO]
ANIMESH CHANDRA SENGUPTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-1-11] [REFERRED TO]
DEENA NATH SINGH VS. STATE OF U.P. [LAWS(ALL)-2012-5-319] [REFERRED TO]
ANIL KUMAR VS. STATE OF U P [LAWS(ALL)-2012-7-183] [REFERRED TO]
BHAGWAT SARAN VS. STATE OF U P [LAWS(ALL)-2013-8-108] [REFERRED TO]
SANTOSH KUMAR PANJA VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-11-35] [REFERRED TO]
GENBA LAXMAN PAWAGI VS. STATE OF MAHARASHTRA & ORS [LAWS(BOM)-2017-3-5] [REFERRED TO]
STATE OF MAHARASHTRA VS. RANGRAO ANNA PATIL [LAWS(BOM)-2018-11-202] [REFERRED TO]
KANTI PANDEY VS. STATE OF M P [LAWS(CHH)-2008-12-3] [REFERRED TO]
RESHMA SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-12-83] [REFERRED TO]
RAKESH MALHOTRA VS. RAJINDER KUMAR MALHOTRA [LAWS(BOM)-2014-8-101] [REFERRED TO]
KRBL LTD VS. CBI [LAWS(DLH)-2022-2-134] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. BIRMA DEVI [LAWS(HPH)-2014-4-5] [REFERRED TO]
KAMALDIN VS. CBI [LAWS(DLH)-2011-11-142] [REFERRED TO]
RAM BHAROSA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2003-1-15] [REFERRED TO]
PATEL TALSHABHAI PURABHAI VS. AUTHORISED OFFICER [LAWS(GJH)-2011-3-226] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. ARJUN PRIBHDAS KUNDANANI [LAWS(GJH)-2003-5-34] [REFERRED]
STATE OF GUJARAT VS. DALSUKHBHAI B PATEL OCCUPIER OF VASUNDHARA CANNING PVT LTD [LAWS(GJH)-2015-1-103] [REFERRED TO]
AJAY KUMAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2021-1-35] [REFERRED TO]
SURENDRA KUMAR VS. STATE OF U. P. [LAWS(ALL)-2021-7-86] [REFERRED TO]
BRIJ BHUSHAN GOSWAMI VS. HARISH SINGHLA [LAWS(ALL)-2015-3-257] [REFERRED TO]
JAI DEO & ANR VS. MEENAKSHI SINGH PARIHAR [LAWS(ALL)-2017-10-262] [REFERRED TO]
BRIJESH SINGH @ BABLOO SINGH VS. STATE OF U.P [LAWS(ALL)-2019-5-365] [REFERRED TO]
J. MADHUSUDHAN REDDY VS. GOVERNMENT OF A.P. [LAWS(APH)-2014-4-47] [REFERRED TO]
KAMLA PRASAD ALIAS RAJ KUMAR VS. STATE OF U P [LAWS(ALL)-2012-5-121] [REFERRED TO]
ABDUL JALIL SON OF LATE HABIB ULLAH VS. SPECIAL JUDGE E.C.ACT/ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2007-8-254] [REFERRED TO]
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION VS. SUPRIYA S BANDAL [LAWS(BOM)-2009-6-164] [REFERRED TO]
TAPAS SUR VS. STATE OF W B [LAWS(CAL)-2005-1-56] [REFERRED TO]
KAILASH CHAND MOHANTY VS. STATE OF ORISSA [LAWS(ORI)-2006-2-23] [REFERRED TO]
Surjya Kanta Tripathy VS. State of Orissa [LAWS(ORI)-2009-4-26] [REFERRED TO]
STATE OF GUJARAT AND ANOTHER VS. THE I.R.C.G. AND OTHERS [LAWS(SC)-2017-8-49] [REFERRED TO]
AJAY KUMAR @ AJAY KUMAR SINGH SON OF LATE RAM PRAKASH SINGH VS. STATE OF BIHAR THROUGH VIGILANCE [LAWS(PAT)-2017-11-163] [REFERRED TO]
MD. KAMEUAL ISLAM VS. STATE [LAWS(MAD)-2020-6-78] [REFERRED TO]
BALBIR SINGH VS. STATE OF DELHI [LAWS(SC)-2007-6-11] [REFERRED TO]
ASHA SHARMA VS. CHANDIGARH ADMINISTRATION [LAWS(SC)-2011-8-111] [REFERRED TO]
BASAWARAJ VS. SPL. LAND ACQUISITION OFFICER [LAWS(SC)-2013-8-46] [REFERRED TO]
SUBRATA CHATTORAJ AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2015-10-66] [REFERRED TO]
JASWANT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2021-10-107] [REFERRED TO]
SRI. T SURVA SATISH VS. STATE OF TELANGANA [LAWS(TLNG)-2020-11-64] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. M/S. SUPER TRADING COMPANY [LAWS(NCD)-2016-1-61] [REFERRED TO]
LAKSHMANA IPS RETD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2006-12-68] [REFERRED TO]
U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. & ANR. VS. M/S. OM CHOORA AND RICE MILLS [LAWS(NCD)-2016-6-20] [REFERRED TO]
V SIVAN VS. UNION OF INDIA [LAWS(MAD)-2015-9-371] [REFERRED]
BUHARI SONS PVT. LTD. VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-6-42] [REFERRED TO]
STATE VS. MITHILESH KUMAR SINGH [LAWS(JHAR)-2004-7-10] [REFERRED TO]
K K RAMESH VS. GOVERNMENT OF INDIA [LAWS(MAD)-2018-1-230] [REFERRED TO]
SAT PAL MALIK VS. STATE OF PUNJAB [LAWS(P&H)-2008-3-18] [REFERRED TO]
UNION OF INDIA VS. ASSOCIATED CONSTRUCTION [LAWS(DLH)-2019-10-105] [REFERRED TO]
RASHMI AGARWAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2005-5-5] [REFERRED TO]
SURESH GOVIND NAIK VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2003-10-59] [REFERRED TO]
ABANI MOHAN BISWAS VS. STATE [LAWS(CAL)-2004-7-9] [REFERRED TO]
PRADIP MITRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-8-9] [REFERRED TO]
ASRAFUL HODA VS. ARUN SAHOO [LAWS(CAL)-2006-3-36] [REFERRED TO]
DHYAN INVESTMENTS & TRADING COMPANY LTD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2023-8-551] [REFERRED TO]
INDIAN SOCIETY OF LAWYERS VS. STATE OF U P [LAWS(ALL)-2011-7-110] [REFERRED TO]
C.K.THAPLIYAL VS. MANOHAR J. NAGPAL AND OTHERS [LAWS(BOM)-2017-5-68] [REFERRED TO]
DEENANATH SINGH VS. OMPRAKASH [LAWS(CHH)-2003-1-12] [REFERRED TO]
AVINASH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-11-113] [REFERRED TO]
UNION OF INDIA VS. BHARAT CONSTRUCTION [LAWS(ALL)-2022-11-115] [REFERRED TO]
MUNICIPAL CORPORATION OF GUNTUR VS. B SYAMALA KUMAI [LAWS(APH)-2006-9-99] [REFERRED TO]
NEM SINGH VS. STATE OF U P [LAWS(ALL)-2016-5-344] [REFERRED]
HARI DUTT TIWARI VS. STATE OF U.P AND ORS. [LAWS(ALL)-2015-3-151] [REFERRED TO]
S VIDHYA VS. STATE BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2010-2-313] [REFERRED TO]
G NAGARAJAN VS. STATE BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2010-3-507] [REFERRED TO]
SUPERINTENDENT OF POLICE C B I VS. CHANDRAKET NARAYAN SINGH [LAWS(JHAR)-2004-3-10] [REFERRED TO]
ANIL JOHN VS. STATE OF J&K [LAWS(J&K)-2009-12-51] [REFERRED TO]
STATE OF GUJARAT VS. SHANTILAL JIVABHAI TALATI [LAWS(GJH)-2007-3-286] [REFERRED TO]
KAMLESHBHAI B MEHTA VS. REGISTRAR HIGH COURT OF GUJ [LAWS(GJH)-2004-9-54] [REFERRED TO]
DALIP SINGH ALIAS DEEPA VS. STATE OF PUNJAB [LAWS(P&H)-2009-9-97] [REFERRED TO]
DEEPAK GUPTA VS. STATE OF ORISSA [LAWS(ORI)-2017-8-12] [REFERRED TO]
RAMACHANDRA SAHOO VS. STATE OF ODISHA [LAWS(ORI)-2019-8-53] [REFERRED TO]
RAMACHANDRA SAHOO VS. STATE OF ODISHA [LAWS(ORI)-2019-8-53] [REFERRED TO]
Asstt. C.C. (Prev.) VS. B.G. Devaraj @ Devaraj Shet [LAWS(KAR)-2010-8-121] [REFERRED TO]
N.R. BHAT VS. STATE [LAWS(KAR)-2016-4-139] [REFERRED TO]
REGIONAL PROVIDENT FUND COMMISSIONER & ANR ; ASSISTANT PROVIDENT FUND COMMISSIONER VS. PARASHRAM BHIMRAO MUTAGEKAR [LAWS(NCD)-2015-10-205] [REFERRED]
P O SAMSON VS. STATE OF KERAL [LAWS(KER)-2007-4-165] [REFERRED TO]
T A ABDUL AZEEZ VS. KERALA STATE ELECTION COMMISSION [LAWS(KER)-2006-8-73] [REFERRED TO]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
MOTI LAL SARAF VS. STATE OF JAMMU AND KASHMIR [LAWS(SC)-2006-9-86] [REFERRED TO]
BALBIR SINGH VS. STATE OF DELHI [LAWS(SC)-2007-6-32] [REFERRED TO]
COMMON CAUSE VS. UNION OF INDIA [LAWS(SC)-2008-4-34] [REFERRED TO]
STATE OF RAJASTHAN VS. IKBAL HUSSEN [LAWS(SC)-2004-9-104] [REFERRED TO]
STATE OF KARNATAKA VS. C NAGARAJASWAMY [LAWS(SC)-2005-10-60] [REFERRED TO]
VAKIL PRASAD SINGH VS. STATE OF BIHAR [LAWS(SC)-2009-1-153] [REFERRED TO]
RITLAL RAI VS. U.O.I. [LAWS(PAT)-2020-8-12] [REFERRED TO]
RANBAXY LABORATORIES VS. PUNJAB STATE ELECTRICITY BOARD PATIALA [LAWS(P&H)-2003-12-2] [REFERRED TO]
UNION OF INDIA VS. NAMIT SHARMA [LAWS(SC)-2013-9-22] [REFERRED TO]
POOJA PAL VS. UNION OF INDIA AND ORS. [LAWS(SC)-2016-1-63] [REFERRED TO]
AG VS. SHIV KUMAR YADAV [LAWS(SC)-2015-9-30] [REFERRED TO]
SIRAJUL VS. STATE OF U P [LAWS(SC)-2015-7-30] [REFERRED TO]
J. LALTHANGSEI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-7-7] [REFERRED TO]
I.S.ISRANI VS. UNION OF INDIA [LAWS(RAJ)-2012-11-48] [REFERRED TO]
RAMA CHANDRA BEHERA VS. STATE OF ORISSA AND ANOTHER [LAWS(ORI)-2016-12-68] [REFERRED TO]
RAMA CHANDRA BEHERA VS. STATE OF ORISSA AND ANOTHER [LAWS(ORI)-2016-12-68] [REFERRED TO]
JAI KISHUN PRASAD SON OF SRI HARENCIRA PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-2009-4-140] [REFERRED TO]
MANOHARAN VS. STATE OF KERALA [LAWS(KER)-2021-7-167] [REFERRED TO]
MD SAYEED VS. STATE OF JHARKHAND [LAWS(JHAR)-2006-4-26] [REFERRED TO]
IMRAN ALI VS. STATE OF KARNATAKA [LAWS(KAR)-2015-10-46] [REFERRED TO]
K M ABDULLA VS. SECRETARY PAYYANNUR MUNICIPALITY [LAWS(KER)-2009-8-81] [REFERRED TO]
ABDULLA K M VS. SECRETARY [LAWS(KER)-2009-8-89] [REFERRED TO]
M/S. ARIF CONSTRUCTIONS VS. MADHU JAIN & ANR. [LAWS(NCD)-2016-7-19] [REFERRED TO]
PRITAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-11-27] [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-12-22] [REFERRED TO]
GURNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2002-12-99] [REFERRED TO]
SUDARSHANACHARAYA VS. PURUSHOTTAMACHARYA [LAWS(SC)-2012-9-6] [REFERRED TO]
BHARAT PARIKH VS. C B I [LAWS(SC)-2008-7-90] [REFERRED TO]
STATE OF RAJASTHAN & OTHERS VS. DALIP SINGH SAHARAN [LAWS(RAJ)-2015-9-187] [REFERRED]
A.K.AMBASTHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-4-53] [REFERRED TO]
ADV THOUFEEK AHAMED VISHNU VIHAR VS. UNION OF INDIA [LAWS(KER)-2020-9-537] [REFERRED TO]
SELVI J JAYALALITHAA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(MAD)-2011-9-371] [REFERRED TO]
V SEKAR VS. INSPECTOR OF POLICE, CENTRAL CRIME BRANCH [LAWS(MAD)-2012-3-8] [REFERRED TO]
STATE OF GUJARAT VS. N S RAMI [LAWS(GJH)-2010-2-255] [REFERRED TO]
V. K. VERMA VS. CBI [LAWS(DLH)-2022-4-201] [REFERRED TO]
MOHANLAL SHAMJI SONI VS. D N PATEL OR HIS SUCCESSOR IN OFFICE ASSISTANT COLLECTOR [LAWS(GJH)-2003-4-49] [REFERRED]
LALIT KUMAR SINGH VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2022-9-79] [REFERRED TO]
JAYANTIBHAI TAPUBHAI AMBALIA VS. STATE OF GUJARAT [LAWS(GJH)-2023-7-1090] [REFERRED TO]
INSURANCE INSPECTOR EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, LOWER PAREL, MUMBAI VS. MANOHAR J NAGPAL [LAWS(BOM)-2017-5-181] [REFERRED TO]
GENBA LAXMAN PAWAGI & ORS. VS. STATE OF MAHARASTRA & ORS. [LAWS(BOM)-2017-3-44] [REFERRED TO]
INDIAN SOCIETY OF LAWYERS VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2011-7-406] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. JOYDEB DASGUPTA [LAWS(CAL)-2006-6-22] [REFERRED TO]
UNION OF INDIA VS. MONORANJAN MONDAL [LAWS(CAL)-2006-12-96] [REFERRED TO]
GOPASREE DAS VS. KRISHNENDU BANERJEE [LAWS(CAL)-2004-1-43] [REFERRED TO]
DILIP KUMAR MUKHARJEE VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(CAL)-2007-6-29] [REFERRED TO]
KIRTI V. AMBANI VS. UNION OF INDIA [LAWS(BOM)-2014-7-42] [REFERRED TO]
KAMAL GAIND VS. STATE [LAWS(DLH)-2013-9-515] [REFERRED TO]
GOPAL KUMAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-12-112] [REFERRED TO]
ARJUN KUMAR SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2022-6-39] [REFERRED TO]
RAM PHOOL SINGH VS. STATE & ANR [LAWS(DLH)-2014-9-689] [REFERRED]
BIMAL V BHATT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-5-53] [REFERRED TO]
BAL KRISHAN SHARMA VS. RAJ BALA [LAWS(DLH)-2003-4-101] [REFERRED TO]
RAM KISHORE GUPTA VS. Y.S. BISHT [LAWS(DLH)-2003-4-106] [REFERRED TO]
MUKESH SINGH VS. STATE [LAWS(DLH)-2002-9-249] [REFERRED]


JUDGEMENT

R. C. LAHOTI, J. - (1.)No person shall be deprived of his life or his personal liberty except according to procedure established by law - declares Art. 21 of the Constitution. 'Life and liberty', the words employed in shaping Art. 21, by the founding fathers of the Constitution, are not to be read narrowly in the sense drearily dictated by dictionaries; they are organic terms to be construed meaningfully. Embarking upon the interpretation thereof, feeling the heart -throb of the Preamble, deriving strength from the Directive Principles of state policy and alive to their constitutional obligation, the courts have allowed Art. 21 to stretch its arms as wide as it legitimately can. The mental agony, expense and strain which a person proceeded against in criminal law has to undergo and which, coupled with delay, may result in impairing the capability or ability of the accused to defend himself have persuaded the constitutional courts of the country in holding the right to speedy trial a manifestation of fair, just and reasonable procedure enshrined in Article 21. Speedy trial, again, would encompass within its sweep all its stages including investigation, inquiry, trial, appeal, revision and retrial - in short, everything commencing with an accusation and expiring with the final verdict - the two being respectively the terminus a quo and terminus ad quem - of the journey which an accused must necessarily undertake once faced with an implication. The constitutional philosophy propounded as right to speedy trial has though grown in age by almost two and a half decades, the goal sought to be achieved is yet a far off peak. Myriad fact -situations bearing testimony to denial of such fundamental right to the accused persons, on account of failure on the part of prosecuting agencies and executive to act, and their turning an almost blind eye at securing expeditious and speedy trial so as to satisfy the mandate of Article 21 of the Constitution have persuaded this Court in devising solutions which go to the extent of almost enacting, by judicial verdict bars of limitation beyond which the trial shall not proceed and the arm of law shall lose its hold. In its zeal to protect the right to speedy trial of an accused, can the court devise and almost enact such bars of limitation though the Legislature and the statutes have not chosen to do so - is a question of far -reaching implications which has led to the constitution of this bench of seven -judge strength.
(2.)In criminal appeal no. 535/2000 the appellant was working as an electrical superintendent in the Mangalore City Corporation. For the check period 1 -5 -1961 to 25 -8 -1987, he was found to have amassed assets disproportionate to his known sources of income. Charge -sheet accusing him of offences under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 was filed on 15 -3 -1994. The accused appeared before the special court and was enlarged on bail on 6 -6 -1994. Charges were framed on 10 -8 -1994 and the case proceeded for trial on 8 -11 -1994. However, the trial did not commence. On 23 -2 -1999 the learned special judge who was seized of the trial directed the accused to be acquitted as the trial had not commenced till then and the period of two years had elapsed which obliged him to acquit the accused in terms of the directions of this Court in Raj Deo Sharma v. State of Bihar1 [(1998) 7 SCC 507] (hereinafter, Raj Deo Sharma -I). The State of Karnataka through the D.S.P. Lokayukta, Mangalore preferred an appeal before the High Court putting in issue the acquittal of the accused. The learned single judge of the High Court, vide the impugned order, allowed the appeal, set aside the order of acquittal and remanded the case to the trial court, forming an opinion that a case charging an accused with corruption was an exception to the directions made in Raj Deo Sharma -I as clarified by this Court in Raj Deo Sharma (II) v. State of Bihar1 [(1999) 7 SCC 604]. Strangely enough, the High Court not only condoned a delay of 55 days in filing the appeal against acquittal by the state but also allowed the appeal itself -both without even issuing notice to the accused. The aggrieved accused has filed this appeal by special leave. Similar are the facts in all the other appeals. Shorn of details, suffice it to say that in all the appeals the accused persons who were facing corruption charges, were acquitted by the special courts for failure of commencement of trial in spite of lapse of two years from the date of framing of the charges and all the state appeals were allowed by the High Court without noticing the respective accused persons.
(3.)The appeals came up for hearing before a bench of three learned judges who noticed the common ground that the appeals in the High Court were allowed by the learned judge thereat without issuing notice to the accused and upon this ground alone, of want of notice, the appeals hereat could be allowed and the appeals before the High Court restored to file for fresh disposal after notice to the accused but it was felt that a question arose in many more and therefore the appeals should be heard on their merits. In the order dated September 19, 2000, the bench of three learned judges stated:
"The question is whether the earlier judgments of this Court, principally, in Common Cause v. Union of India [JT 1996 (6) SC 701], Common Cause v. Union of India [(1996) 6 SCC 775], Raj Deo Sharma v. State of Bihar [JT 1998 (7) SC 1 = (1998) 7 SCC 507] and Raj Deo Sharma (II) v. State of Bihar [JT 1999 (7) SC 317], would apply to prosecutions under the Prevention of Corruption Act and other economic offences.

Having perused the judgments aforementioned, we are of the view that these appeals should be heard by a Constitution Bench. We take this view because we think that it may be necessary to sythesise the various guidelines and directions issued in these judgments. We are also of the view that a Constitution Bench should consider whether time limits of the nature mentioned in some of these judgments can, under the law, be laid down."



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