SURYA KUMAR TIWARI, J. - (1.) THIS petition is filed for quashing the prosecution of Session Case No. 116 of 1990, pending in the Court of Additional Sessions Judge, Second Court, Jalpaiguri.
(2.) THE F.I.R. was lodged on 14.5.84 by one Bharat Chandra Kar alleging that his cousion, who was married to the petitioner No. 3 (Madhab Chandra Paul), was ill -treated by the petitioner No. 3 and other petitioners and that she was tortured by the petitioners. Hence, she committed suicide on 12.5.1984. The Police Station, Alipore Duwar, registered case No. 15 dated 14.5.1984 under Section 306/34, I.P.C. The petitioners No. 1 and 3 were arrested on 14.5.1984 and remained in judicial custody till 17.6.1984 and 21.6.1984 respectively. Thereafter they were released on bail.
(3.) PETITIONER No. 2 was granted anticipatory bail on 16.7.1984. No charge -sheet was filed till 22nd August, 1989 and ultimately the learned Magistrate directed the police to file a report in a final form on 8.12.1989. The charge -sheet was filed on 8.12.1989. On 9.7.1990, the petitioners filed an application purporting to be one under Section 167(5), Cr.P.C. for discharging him from the case on the ground that the charge -sheet was not filed within three years from the date of arrest of the petitioners. The learned Magistrate rejected the application on the same day. The case was committed to Sessions on 19.11.1990. The copies of documents were delivered to accused persons on 20th June, 1991. But the copy of statement of Dr. Arup Mukherjee was not supplied. The petitioner again filed an application under Section 167(5), Cr.P.C. on 11.5.1990 in the Session Court but the same was rejected on 7.10.1993. On 7.10.1993, the case was made over to Additional Sessions Judge, Second Court, - Jalpaiguri. After adjourning case on several dates, the learned Additional Sessions Judge made a request to Sessions Judge to make over the case to Alipore Duwar Circuit Court. On 14.12.1994, the learned Judge who was due to hold circuit, expressed his liability to handle the case on account of his indisposition. The petitioners could not attend the Court on 29.4.1995. Their Lawyer prayed for permitting the accused to remain present through counsel. But the prayer was rejected and warrants for their arrest were issued. The petitioners complain that there was an undue delay in investigation and the trial has not yet commenced. Hence they have been deprived of their right to life and liberty guaranteed under Section 21 of the Constitution.;