HARIDAS CHATTERJEE Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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A.D.Mukherjee, J. -
(1.)An application under section 482 Cr.P.C. revealing a sad episode and at the same time a slur on the administration of justice has given rise to the present revisional application preferred with a view to quash S.C. Case No. 114 of 1994 pending before the Additional Sessions Judge at Asansol and arising out of Jamuria P.S. Case No. 2(11) of 1974 under section 409 IPC.
The case of the petitioner is that on the basis of a complaint filed by the Block Development Officer, Jamuria (I), at Jamuria Police Station alleging mis-appropriation of government cash amounting to Rs. 9249.99 a case was started against the present petitioner. The petitioner surrendered before the Sub-Divisional Judicial Magistrate, Asansol on 16.1.75 and was enlarged on bail. After a protracted investigation charged sheet was ultimately submitted and on the basis of the same the S.D.J.M. took cognizance on 21.3.87. On 30.8.94 the case was committed to the court of Session with a direction on the petitioner to appear on 29.9.94.
(2.)The petitioner was suspended on 9.11.74, No charge was framed on the departmental proceeding, in the meantime the petitioner superannuated on 31.12.94. It is alleged that neither the trial of the criminal case nor the departmental proceeding have come to an end even though more than 21 years have passed in the meantime. The petitioner is in a wretched condition since he is to meet his both ends with the provisional pension of Rs. 375 per month. The need for speedy trial in accordance with Article 21 of the Constitution which has been emphasised in a good number of cases by the Supreme Court has not been observed either in the trial of the criminal case or with regard to the departmental proceeding. Accordingly, the petitioner has prayed for quashing of the criminal case.
(3.)As per affidavit of service notice it appears to have been served on the opposite party, the State, but none entered appearance. The reason in my opinion is obvious.
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