Shiv Kumar Sharma , J. - (1.) Their Lordships of the Supreme court in 'Common Cause' case (1996 (6) SCC 775) indicated that accused concerned shall not be entitled to earn any discharge or acquittal if it is demonstrated that they sought to take advantage of their own wrong or any other action of their own resulting in protraction of trial against them.
(2.) Mr. R.K. Agrawal, learned counsel appearing for the accused petitioner vociferously contended that the court below could not proceed under section 251 Cr.RC. without first supplying the copy of police report and other documents to the accused petitioner as mandated under section 207 Cr.RC. in Chapter XVI (Commencement of proceedings before Magistrate). The petitioners were not furnished with the copies of the police report for more than five years and only on April 19, 1997 the copies were furnished to them. The fundamental right to speedy trial guaranteed to the petitioners has been violated and the proceedings of criminal case No. 234/91 under Section 325/451 IPC deserve to be quashed.
(3.) Mr. S.M. Poddar, learned Public Prosecutor opposed the arguments advanced by the counsel for the accused petitioners.;