SWAPAN KUMAR MAITY Vs. BAISHYA

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of the proceeding of special Court case No. RC. 61/A/Kol of 1994 dated 01.11.1994 under Section 120B, 409, 419, 420, 467, 468, 471 and 477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 now pending before the learned Judge, Special C.B.I. Court No. 1, Bichar Bhavan, Kolkata.

(2.) The charge sheet was submitted on 08.04.1996 in G.R. Case No. 775 of 1991 dated 22.11.1994 along with the enclosure and on the self same date summon was issued. Admittedly on that date the Court is not armed with the power to try the case so the date was fixed on 20.05.1996 for awaiting power and appearance of the accused persons. Subsequently on 10.02.2006 case record was received by the Additional Sessions Judge, Special Court Bichar Bhavan from the Additional Sessions Judge, Paschim Midnapore on transfer and on perusal of the order sheet I find that date was already fixed for consideration of charge. Petitioner herein before has been attending the Court since 1994 with certain default over this period of time.

(3.) In such backdrop learned Counsel for the petitioner has moved the application on the ground of such colossal delay and that it has found the copies have not yet been submitted. There is no knowing as to when the trial will commence. The entire order sheet of the Trial court showed that the petitioner was not on default at any point of time and he had cooperated with the Court but all these years they have been suffering to a great extent and it is required that there should be an end to the entire affair as the petitioner has been suffering for all these years.