M.B. Sharma, J. - (1.) This is a petition under sec. 482 Cr. P.C. seeking relief that the proceedings pending in the Special Criminal case No. 9/78 in the Court of Special Judge for CBI Cases, Jaipur be quashed and the accused petitioner be acquitted.
(2.) The accused petitioner was working as Income Tax Officer, Sawai Madhopur in the year 1976. The CBI., Jaipur registered a case No. 27/76 against the accused petitioner on Sept. 17, 1976 under Section 5(l)(e) read with Sec. 5/2 of the P.C. Act and thereafter a search of house of the accused petitioner at Sawai Madhopur was conducted. His family house at Jaipur was also searched on September 18, 1976. Some documents were taken into possession during the search. After taking about two years, the sanction for the prosecution against the accused petitioner from the Commissioner Income-tax, Jaipur was taken on August 25, 1976. A charge-sheet was submitted against the accused in the Court of Special Judge on August 31, 1978. Charges were framed against the accused petitioner for the aforesaid offences under the prevention of corruption Act on April 12, 1979 and there-after the case was fixed for recording the evidence for the prosecution. There were as many as 173 witnesses listed on behalf of the prosecution.
(3.) The main ground on which the above relief has been sought is that the trial of the case has taken almost about 11 years without any result and for no fault of the petitioner. Under Article 21 of the Constitution, it is a fundamental right of the petitioner that there should be speedy trial in a criminal case and because the prosecution has not been able to even examine the witnesses and the trial is still pending, this Court should quash the proceedings.;