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TMI Blog2008 (7) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st October, 1980 to 22nd February, 1982, while working as District Dairy Development Officer, Government Milk Scheme, Bhanara, Sayyad Mohammad Sayyad Ibrahim had conspired with the appellant and his father and had committed mis- appropriation of huge amounts in the purchase of spare parts etc., for the plant. The case was referred to the Anti Corruption Bureau for investigation. 4. Investigations dragged on for over three years and ultimately on 22nd February, 1991, a chargesheet was filed in the court of Special Judge, Latur against twelve persons for offences punishable under Sections 120B, 409, 420, 465, 468, 471, 477 (A) 101 and 34 of the Indian Penal Code, 1860 (for short `IPC') and Sections 5(1)(c)(d) along with Section 5(c) of the Prevention of Corruption Act, 1947. In addition thereto, Sections 13(1)(c)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 have also been invoked against accused Nos.1 to 9. The first nine accused were the employees of the Government Milk Plant and the remaining three being the appellant and his father and respectively. 5. As per the chargesheet, the case of the prosecution, in brief is that the said Sayyad Mohamm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the chargesheet prima facie discloses commission of offences by the appellant. Aggrieved by the said decision, the appellant has preferred this appeal. 8. Learned counsel appearing on behalf of the appellant submitted that there was sufficient material on record to show that when the alleged acts of malfeasance took place, the appellant was a minor and had nothing to do with the affairs of the concerns, which had made supplies to the milk plant. He was neither the proprietor nor a partner in the said concerns/firms which were managed by his father, accused No.10. In support of the proposition that the reckoning date for determining the age of an accused, who claims to be a child, is the date of occurrence and not the date when the offender is produced before the court, reliance was placed on the decision of the Constitution Bench in Pratap Singh Vs. State of Jharkhand Anr. (2005) 3 SCC 551 . Referring us to certain portions of the chargesheet, learned counsel contended that except for the bald averment that the appellant had prepared bogus bills and had received the payment, no other incriminating material has been brought on record, to show that the appellant was loo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitution has been enunciated and reiterated by this Court in a series of decisions and several circumstances under which the High Court can exercise jurisdiction in quashing proceedings have been enumerated. Therefore, we consider it unnecessary to burden the judgment by making reference to all the decisions on the point. It would suffice to state that though the powers possessed by the High Courts under the said provisions are very wide but these should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for the administration of which alone the courts exist. The inherent powers do not confer an arbitrary jurisdiction on the High Court to act according to whim or caprice. The powers have to be exercised sparingly, with circumspection and in the rarest of rare cases, where the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. [See: Janata Dal Vs. H.S. Chowdhary Ors. (1992) 4 SCC 305, Kurukshetra University Anr. Vs. State of Haryana Anr. (1977) 4 SCC 451 and State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al right on every person not to be deprived of his life or liberty except according to procedure established by law; that such procedure is not some semblance of a procedure but the procedure should be 'reasonable, fair and just'; and therefrom flows, without doubt, the right to speedy trial. It was also observed that no procedure which does not ensure a reasonably quick trial can be regarded as 'reasonable, fair or just' and it would fall foul of Article 21. The Court clarified that speedy trial means reasonably expeditious trial which is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. 15. The exposition of Article 21 in Hussainara Khatoon's case (supra) was exhaustively considered afresh by the Constitution Bench in Abdul Rehman Antulay Ors. Vs. R.S. Nayak Anr. (1992) 1 SCC 225 . Referring to a number of decisions of this Court and the American precedents on the Sixth Amendment of their Constitution, making the right to a speedy and public trial a constitutional guarantee, the Court formulated as many as eleven propositions with a note of caution that these were not exhaustive and were meant only to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the duty of the court to weigh all the circumstances of a given case before pronouncing upon the complaint; (ix) an objection based on denial of right to speedy trial and for relief on that account, should first be addressed to the High Court. Even if the High Court entertains such a plea, ordinarily it should not stay the proceedings, except in a case of grave and exceptional nature. Such proceedings in High Court must, however, be disposed of on a priority basis. 16. Notwithstanding elaborate enunciation of Article 21 of the Constitution in Abdul Rehman Antulay (supra), and rejection of the fervent plea of proponents of right to speedy trial for laying down time-limits as bar beyond which a criminal trial shall not proceed pronouncements of this Court in Common Cause A Registered Society Vs. Union of India (UOI) Ors. (1996) 4 SCC 33 , Common Cause , A Registered Society Vs. Union of India Ors. (1996) 6 SCC 775, Raj Deo Sharma Vs. State of Bihar (1998) 7 SCC 507 and Raj Deo Sharma II Vs. State of Bihar (1999) 7 SCC 604 gave rise to some confusion on the question whether an outer time limit for conclusion of criminal proceedings could be prescribed whereafter th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the court comes to the conclusion that the right to speedy trial of an accused has been infringed, the charges or the conviction, as the case may be, may be quashed unless the court feels that having regard to the nature of offence and other relevant circumstances, quashing of proceedings may not be in the interest of justice. In such a situation, it is open to the court to make an appropriate order as it may deem just and equitable including fixation of time for conclusion of trial. 18. Tested on the touchstone of the broad principles, enumerated above, we are of the opinion that in the instant case, appellant's constitutional right recognised under Article 21 of the Constitution stands violated. It is common ground that the First Information Report was recorded on 12th May, 1987 for the offences allegedly committed in the year 1981, and after unwarranted prolonged investigations, involving afore-stated three financial irregularities; the chargesheet was submitted in Court on 22nd February, 1991. Nothing happened till April, 1999, when the appellant and his deceased mother filed criminal writ petition seeking quashing of proceedings before the trial court. Though, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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