- (1.) EXTRAORDINARY jurisdiction of this Court, as enshrined under Article 226 of the Constitution of India has been invoked for quashing the entire criminal proceeding of Mosabani P.S. Case No. 19 of 1991 instituted under Sections 406/409/467/468/420 and 120 -B of the Indian Penal Code, on the ground of right of speedy justice, as enshrined under Article 21 of the Constitution of India, being defeated on account of prolonged continuance of the investigation going on since 1991.
(2.) LEARNED counsel appearing for the petitioner submits that while the petitioner was working as 'Executive Engineer', Link Canal Division, Mosabani, a First Information Report was lodged as Mosabani P.S. Case No. 19 of 1991 under the aforesaid sections of the Indian Penal Code on the allegation that the work of some part of Galudih main Canal was allotted to one M/s. N.R. Ayyanger & Co. for its excavation within 24 months from the date of commencement of the work i.e. 24.1.1986. The said Contractor after doing part of the work left it after May, 1989 though several reminders were given to him for resuming the work but he never resumed it. Thereafter, when measurement of the work done was taken, it could be known that the Junior Engineer, Assistant Engineer, Executive Engineer (this petitioner) in connivance with the said Contractor, had made excess payment of Rs. 1,74,35,000/ - and thereby, the petitioner and others have been alleged to have committed aforesaid offences.
(3.) AFTER lodgment of the case, the Investigating Officer after investigating the case, submitted charge -sheet against one accused only on 15.12.1992 whereas the investigation was kept open so far other accused persons including this petitioner is concerned. Upon submission of the charge - sheet, the Court took cognizance against Anil Sahay against whom charge -sheet has been submitted and the record was split up whereby case was posted awaiting final form but till date final form has not been submitted so far this petitioner is concerned, though 17 long years has elapsed and, therefore, the petitioner had no option to file this writ application for quashing the criminal proceeding as constitutional right of speedy trial as guaranteed under Article 21 of the Constitution of India has grossly been violated and as such criminal proceeding is fit to be quashed.;