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TMI Blog2007 (6) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... ia. It was alleged that the petitioner along with the said unknown persons managed to obtain interest free loan from the said Commission towards capital expenditure and working capital in order to produce Silk Khadi . But they utilized the same for their personal gain and prepared fake and forged documents showing production of silk by their 'Samity' in order to obtain further assistance. 2. Thus, the petitioner and such persons succeeded to cheat the Government of India through the said commission to the tune of Rs. 14.35 lakhs that was outstanding till November 30, 1992. 3. On the basis of such information, the RC. ll/S/1992-Cal, was registered under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code. 4. Opposite party No. 2, being the Inspector of the Bureau, was entrusted with the investigation. On 23rd November, 1994, the said authority after completion of investigation submitted chargesheet against the petitioner and one Narayan Chandra Dalai. 5. Learned Court took cognizance on the basis of the police papers produced before it and issued process. 6. The petitioner, while challenging the continuation of such proceeding, referred to the follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 15.9.1993 passed by the learned SDJM, Bishnupur. The said revisional application being C.R. No. 2513 of 1993 directed as follows: This revisional application is disposed of with the direction upon the Investigating Officer to expedite the completion of investigation. In case the investigation is not over by the end of November, 1993, the petitioner would obtain xerox copy of the seized documents on due verification by the Investigating Officer so that the day to day proceedings of the petitioner's society may not suffer. 12. Thereafter the suspension of Nataraj Khadi Shilpa Samity was withdrawn/revoked by the Eastern Zonal Certification Committee, Khadi Village Industries Commission, Calcutta and the normal transaction with the samity was resumed. 13. After completion of investigation, a chargesheet was submitted under Sections 120B / 420 / 468 / 471 / 477A of the Indian Penal Code on 23rd November, 1994 against the petitioner and one Sri Narayan Chandra Dalai. Learned Court, on the basis of the said chargesheet and the relevant materials, took cognizance and directed issuance of process. The learned Court thereafter fixed on 27.4.1995 for supply of copies to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the next date fixed on 25.8.1999 for framing of charge. It was then adjourned to 25.11.1999 and then again to 28.1.2000. Due to absence of the accused person, it was then adjourned to 18.3.2000. Thereafter, the learned Court adjourned the case to 11.5.2000 for inspection of documents by the defence. It was then adjourned till 28.6.2000. Due to absence of the learned Public Prosecutor, in response to prayer made on behalf of the prosecution, the case was adjourned to 24.8.2000 for consideration of charge. The defence then took the plea that copies of some of the documents had not been supplied. This was opposed by the prosecution. Learned Court, after hearing both parties, fixed on 17.11.2000 for supply of copies. 20. On that date, a petition was filed on behalf of the prosecution mentioning that the accused had not complied with the order of the learned Court as they did not attend the office of the prosecution to collect the copies of the documents at their own expenses as per the order passed by the learned Court on the previous date. Learned Court then fixed on 15.1.2001 and directed the accused persons to have inspection of the documents at the office of the prosecution. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons could very well inspect such documents. Learned Court adjourned the matter to 8.4.2004 for further hearing on charge. 25. In absence of the learned Presiding Officer, the case was then adjourned to 17.6.2004. The conducting Public Prosecutor could not attend Court on that date and this resulted in further adjournment till 27.8.2004 and then to 28.9.2004. It was submitted on behalf of the accused, Dilip Kumar Mukherjee, before the learned Court that although the said accused person deposited the requisite amount for getting the xerox copy of the voluminous documents, prosecution did not supply copies of the same. 26. Learned Court thereafter directed the defence to inspect the voluminous documents which had been relied upon the prosecution. On behalf of the accused, Dilip Kumar Mukherjee, it was again submitted that direction be given upon the prosecution to supply the xerox copies of 49 documents relied upon as well as the rest of the pages which had not been supplied on 13.3.2000 as agreed upon. Learned Court adjourned the matter till 15.10.2004 in order to enable the prosecution to file written objection. None turned up at the office of the CBI, Salt Lake on 28.9.2004 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khadi Shilpa Samity obtained interest free loan from the Commission towards the capital expenditure and working capital in order to produce silk khadi as per the provisions of the Commission. The relevant Act being the Khadi and Village Industries Commission Act, 1956 (No. 61 of 1956) spell out the procedure for recovery of any outstanding loan including the audit procedure to monitor such loans granted to various institutions. The statutory body did not have any grievance so far functioning of the concerned samity is concerned. In which circumstances, there could be no justification for the O.P. No. 1 lodging FIR. It may very well be that there is no grievance of the Commission in the functioning of the concerned samity. It may further be that the samity has been functioning with flying colours as claimed. But there is nothing to hold that it was beyond the competence of the opposite party to save the criminal law into motion. Grievance, ventilated in this regard, does not seem to have any force. 33. It was then contended that the complainant, the Investigating Officer and the officer submitting the chargesheet are the one and the same person. It was contended that the said per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffective concern. Mr. Ranjan Roy on behalf of the opposite party/CBI borrowing ideas from the judgment of the Apex Court submitted that the primary function of the judiciary is to interpret law. It may lay down principles guidelines and exhibit creativity in the field left open and not occupied by legislation. Courts can declare the law, they can interpret the law, they can remove obvious lacunae and fill the gaps, but they cannot entrench upon in the field of legislation properly meant for the legislature. When Judges by judicial decisions lay down a new principle of general application of the nature specifically reserved for the legislature, they may be said to have legislated and not merely declared the law. Thus, it is neither advisable, nor feasible, nor judicially permissible to draw or prescribe an outer limit for conclusion of all criminal proceedings. 41. In this context, it may be relevant to refer to the guidelines given by the Supreme Court in A.R. Antulay case which include the following points: (i) Ordinarily speaking, where the Court comes to a conclusion that right to speedy trial of an accused has been infringed, the charges or the conviction, as the case m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Pal v. State reported in. It was observed in the said case that administration of justice requires that the accused is entitled to have as much protection as the prosecution is entitled to. Waste of time affects the defence case and the witness which the accused may choose to examine suffers from physical inability during the trial. The right to speedy justice as guaranteed under Article 21 of the Constitution is a clear manifestation of the judicial concern to minimize the infliction of anxiety and agony on an accused by the institution of a criminal case. 47. The mental agony of the accused for a long time is sometimes worse than the punishment, which in case charges established could be inflicted on the accused person. 48. It was submitted on behalf of the petitioner that since the affidavit-in-opposition filed-subsequently was not pressed, the allegations made in the application on affidavit remain unchallenged and such uncontroverted allegations cannot just be brushed aside under the carpet. 49. In this context, Mr. Gooptu referred to the order dated 28th June, 2006 passed by this Court. 50. Strictly speaking, there is little scope for controversy in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court to the decisions in the case of Aftab Ahmed Khan v. State of Hyderabad reported in 1954CriLJ1155 , the case of Narayan Rao v. State of AP reported in 1957CriLJ1320 , as well as the case of Noor Khan v. State of Rajasthan reported in 1964CriLJ167 , it was submitted that even assuming that there had been any laches in supply of copies as per Section 207 of the Criminal Procedure Code, that cannot vitiate the proceeding or the trial. It is to be seen as to how far the accused had been prejudiced as a result of such non-compliance. 59. Mr. Roy submitted that the petitioner earlier filed a revisional application challenging the order of taking cognizance being C.R.R. No. 3156 of 2000. In response; to the same, the proceeding before the learned Trial Court remained stayed from 18.12.2000 to 21.2.2002. True, there had been direction for expeditious conclusion of trial, but grievance resulting to supply of copies was not raised earlier. Moreover, Mr. Roy submitted that it is the duty of the Court to supply of copies and the prosecution cannot be held responsible, if there had been any laches, unintentional or otherwise, on the part of the Court to supply such copies. 60. Atten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Haryana reported in 1995CriLJ3988 . It was then contended on behalf of the opposite party/CBI that in absence of any illegality or irregularity in course of investigation resulting in miscarriage of justice, it cannot be said that the investigation, inquiry or trial can be vitiated. 64. In this context, reference was made to the decision in the case of A.C. Sharma v. Delhi Administration reported in 1973CriLJ902 ; Union of India v. Prakash P. Hinduja and Anr. reported in 2003CriLJ3117 . 65. Mr. Roy thereafter categorically submitted that the petitioner could not establish any reason whatsoever to the satisfaction of the judicial conscience of the Court so as to establish that the trial of the case was delayed due to any lapse on the part of the opposite party/CBI or that the prejudice was caused to the petitioner as a result thereof. 66. It cannot be denied that right to speedy justice is an essential component of Article 21 of the Constitution which deals with the right to life. Such 'life' certainly speaks of right to live with dignity. It essentially suggests that a person is entitled to have a life freedom from hunger, exploitation and oppression. It also cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed since commission of the alleged offence. The criminal proceeding was set into motion in 1992 and during this long 15 years, the case has not progressed to any significant extent. Mr. Gooptu, learned Counsel on behalf of the petitioner submitted that functioning of the organisation/samity did not invite any criticism from the concerned authorities nor there had been any complaint in that regard. Though this by itself does not wash the sin, the Court can very well take note of the fact that after such a long period of time, it is not likely that the prosecution can really proceed effectively with its witnesses so as to conclude the trial, if any, within a reasonable time. It cannot also be denied that the petitioner/accused person, during all these years, must have spent time in terrible mental agony. 72. Considering all these aspects, I find it difficult to brush aside the grievance of the petitioner as ventilated in the present application. After all, delay is the deadliest form of denial of justice. 73. After giving due regard to the nature of the alleged crime, the circumstances of its commission, the manner in which the investigation was conducted, the way the crim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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