- (1.) By this application dated 6-1-2006 one accused Ambu Nath Saha alias Ambu Saha in Special Case No. 01/91 pending before the learned 3rd Additional Sessions Judge. Alipore under Sections 120B/409/467/471/477A of the I. P. C. has prayed for quashing of the proceeding as against him on the grounds inter alia that if the FIR and the charge-sheet are taken at face value they do not reveal constitution of any offence against him and that even after elapse of 15 years since submission of charge-sheet against the accused persons in the case not an inch has moved towards progress of the suit resulting thereby violation of the constitutional principle of accused's right to speedy trial within the ambit of Art. 21 of the Constitution and that there has not been any appointment even of a Public Prosecutor for trial of the case during these long years, that two accused persons have already died and so far as the petitioner is concerned there is no case against him.
(2.) Seven accused persons including the present petitioner as accused No. 6 were charge-sheeted under Section 120B/409/471/477A, I. P. C. on the allegations that they pursuant to criminal conspiracy committed forgery and misappropriated a sum of Rs. 5,41.441.58 p. from the Government treasury and investigation revealed that several fictitious payment entries were made in the books of accounts of the Collector of South 24 Parganas at Alipore in the name of M/s. Krishna Service Station and others. From the charge-sheet it could not be revealed as to what was the contribution of the present petitioner who was a group 'D' employee in the office of the collectorate but it could be revealed that the principal accused was Pradyot Kumar Mukherjee who pursuant to criminal conspiracy misappropriated the Government fund from the Nezarath of the collectorate.
(3.) Mr. Joymalya Bagchi, learned Advocate for the petitioner made a two-fold submissions namely if the Court be pleased to look into 173, Cr. P. C. papers it would be revealed that no case was made out against the present petitioner who was merely a peon in the office of the collectorate and secondly 21 years have elapsed since the lodging of the FIR and 16 years have elapsed since filing of the charge-sheet but the case has not yet been taken up in the trial Court which lost sight of the fact that the accused has been denied his right to speedy trial which has been enshrined under Art. 21 of the Constitution and the petitioner has remained a suspended employee for last 21 years resulting in his mental agony and equilibrium.;