9911796707
TMI Blog1990 (3) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... or less of similar sections as indicated earlier. Thereafter, by an order dated 20th December 1978, the learned Magistrate committed the respondent No. 1 along with others to the City Civil and Sessions Court, Calcutta for trial under the sections as mentioned above. The case of the complainant as would appear from her complaint was that she was residing at 7, Jowpur Road, Dum Dum along with her brother's wife Smt. Latika Guha, her mother and other family members and one Mrs. Gouri Chatterjee, who was like a member of the family. It was alleged that on or about 18th July 1974, at about 1-30 A.M. her house was raided by a number of Police officials disclosing that they had come from Lalbazar and according to complainant Smt. Archana Guha that the Police ransacked her entire room and carried out a search, alleging further, without asking for any independent witness. It was also alleged that thereafter, the said Smt. Guha along with Smt. Latika Guha and Smt. Gauri Chatterjee were taken to Cossipore Police Station and then in the morning of 18th July 1974, they were brought to the Special D.D. Cell at Lalbazar, where they were questioned. It has also been alleged that about 10 A.M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicated above. 5. It would appear that Shri Guha Neogi moved and obtained a Rule being Criminal Revn. No. 449 of 1979, against the action which was started on the basis of the complaint as mentioned above and in that proceedings, apart from the said Shri Guha Neogi other Police officials has also intervened and in support of the Rule it was submitted that the prosecution case as sought to be made out or established through the witnesses was on the face of it false and was so patently absurd and inherently improbable that the proceeding before the learned Magistrate should have been quashed at once. Mr. A.P. Chatterjee who is now appearing for the appellant, admittedly appeared for the State in that proceeding and after hearing the learned Advocate and considering the materials before them and also the medical evidence of doctors including Dr. Bhabo Ranjan Sengupta, the learned Judges set aside the order dated 20th December 1978, committing the accused persons to City Sessions Court at Calcutta and also modified the order dated 17th October 1977, issuing process to the extent that the portion of the order relating to the issue of process under Sections 331/34 of the Indian Penal C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J. (as His Lordship then was) and after consideration of the elaborate arguments as advanced before him, by his judgment and order dated 23rd February 1979, the learned Judge observed that there was no illegality on the part of Shri Chatterjee in breach of his official duty as Standing Counsel of the State, in accepting the brief on behalf of Smt. Archana Guha, against the alleged commission of offence under the penal laws of the land by the accused person, which were unconnected with the discharge of the official duties. The said determination has since been reported in, (1979) 1 Cal HN 262, and after considering the respective cases as made out before him, the learned Judge has indicated that a counsel can always refuse a brief but such refusal must be for good and substantial reasons. Rules framed under Section 49 of the Advocates' Act, enjoin that a counsel is bound to accept any brief in Courts or tribunals where he professes to practise but special circumstances may justify his refusal to accept a particular brief. When the state offers a brief to its law advisers, it will be possible for him to say on appropriate occasions that he will not accept the brief which for cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of service under the Government he must have his practice suspended since everything depends on the terms and conditions of the Government employment, though there will be no such opportunity for a whole-time Government servant and that the limitations of the office of the Standing Counsel have been duly provided for under the authority of Section 241(2) of the Government of India Act, 1935. Such limitations being created under statutory powers by the competent authority are accordingly enforceable in law by issue of appropriate writs by the High Courts, apart from the provisions of Legal Remembrancers Manual, 1971 wherein the limitations have also been incorporated. It has also been observed that there is no reason why the rules complied in the Legal Remembrancer's Manual should not be accepted as statutory rules as being deemed to be framed by the official head of the department in matters under his charge under authority of the Rules of Business framed under Article 166(3) of the Constitution. Accordingly, notwithstanding the views of the Legal Remembrancer, it may be possible to hold that the Rules of the Manual are statutory being created by competent authority under pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel. 6A. It should be noted that when the matter was sent back after the Division Bench judgment of this Court as indicated earlier, the learned Magistrate intended to enter into and consider the proceedings as initiated and then again, further objection was taken against Mr. Chatterjee's appearance for the complainant and such allegations having failed on consideration, against the determinations as made by the learned Magistrate, this Court was moved in its Criminal Revisional jurisdiction and Criminal Revision Case No. 2454 of 1981 was obtained. The said Rule, on consideration of the earlier two judgments as referred to hereinbefore and the relevant provisions of the concerned statutes, was discharged by Monoj Kumar Mukherjee, J. and since the matter was pending for a long time. His Lordship directed the learned Magistrate to proceed with and dispose of the case as expeditiously as possible, preferably within a period of six months from the date of receipt of the records by him. 7. In the above process, there is no doubt that a long time was consumed before the matter could be taken up for consideration and thereafter, when the case was sought to be taken up, the accused p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to grant leave in this case. The Special Leave Petition is dismissed and as a result thereof the concerned Special Leave Petition was dismissed. 9. From the order of the learned Magistrate which was sought to be impeached in Matter No. of 1988 reported in (1988) 2 CHN 313 (Ranjit Guha Neogi alias Runu Guha Neogi v. State of West Bengal). It would appear that the time as actually consumed in completing the proceedings were as under:-- (A) Time spent in the Hon'ble High Court and also at City Court at different interlocutory stages:-- total 25-8-78 to 19-12-80 2 years 4 months' 5-11-81 to 14-1-84 2 years 2 months' 6 years' 16-4-84 to 12-2-85 1 year 8 months' 6 months 17-7-87 to 18-11-87 4 months. approx. (B) Time taken by the complainant: total 20- 8-77 to 17-10-77 2 months 12- 7-78 to 25- 8-78 1 month 13 days 1 year 17-12-86 to 9-6-87 6 months 1 month approx 4-12-87 to 23-3-88 3 months 19 days. (C) Time taken for appearance of the accused persons after issue of process, summons and notices: Total 17-10-77 to 12-7-78 about 9 months 2 years 19-12-80 to 25- 8-81 about 9 months 7 months 10-12-85 to 17-12-86 about 13 months approx. 18-11-87 to 4-12-87 about 17 days an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The allegations as contained in the complaint, the writ petitioner respondent claimed, were utterly absurd and inherently improbable, apart from being devoid of any prima facie merit and that fact, he has stated, appeared from the intrinsic evidence as available in the petition and the particulars whereof have been disclosed in para. 5(a) to (k) of the writ petition. We are not indicating those facts or reiterating them in our judgment, since those facts have already been indicated in the judgment as impeached. 13. The writ petitioner respondent has also stated that on the basis of the said petition of complaint, the learned Chief Metropolitan Magistrate, took cognizance and examined Smt. Archana Guha and other ladies, who were arrested on the night of 17th July 1974 and besides them, seven other witnesses were examined and he has stated that those seven witnesses were not witnesses to the occurrence. The writ petitioner respondent has further stated that on the basis of the evidence of the complainant and her witnesses, the learned Magistrate issued processes against him under sections as mentioned earlier, of the Indian Penal Code and he along with other accused persons were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplicated in respect of his official act and performance of his duties and as such was entitled to seek the advice of the Senior Standing Counsel, we have also indicated earlier that at this stage, this Court was moved and C.R. No. 4988(W) of 1978 Reported in (1979) 1 Cal HN 262 was obtained, which Rule was ultimately discharged by S.K. Dutta, J. (as his Lordship then was). The particulars of the said determinations, we have quoted earlier and as such we are also not reiterating them now. Admittedly, against such determinations, an appeal being F. M. A. T. No. 1029 of 1979 was preferred and even thereafter or during the pendency of that appeal, on an application being made further and in the circumstances as indicated earlier, a Civil Order, being C.O. No. 3749(W) of 1979, was issued which Civil Order was also disposed of by the said learned Judge, according to the writ petitioner respondent, on the statements made by the Additional Advocate General, appearing on behalf of the State, that the State Government would withdraw the impugned, order of appointment of Mr. Chatterjee. On such statement, the said Civil Order proceeding was disposed of. 16. The writ petitioner respondent has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant and those demonstrators displayed banners and festoons displaying the names of the respective organisations including Association for the protection of Democratic Rights and Nan Nirjatan Morcha and they shouted slogans, demanding early disposal of the concerned case and punishment of the wrong doers. The writ petitioner respondent has alleged that such demonstrations or shouting of slogans, were pre arranged and perhaps with the intention to create public opinion in favour of the complainant and against the accused persons therein and also to cause prejudice to them. 18. The writ petitioner respondent has also stated that in the daily issues of The Statesman of 18th July 1987, the news item as indicated hereunder, was also published, with a photograph of the concerned demonstration: Members of the Association for the protection of democratic rights and the Nari Nirjatan Pratirodh Manch demonstrated outside Bankshall Court in Calcutta on Friday Morning, demanding a speedy trial of the case of Archana Guha who was allegedly tortured by the Police. The case was filed in 1977. The demonstration, which started at about 10 a.m. continued for an hour and a spokeman of the APDR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said petition, the 3rd party organisation have humbly prayed for the speedy disposal of the case as the case is coming up for hearing after seven years. The Ld. lawyer for the accused in the objection has submitted, inter alia, that this system and procedure adopted by the outsiders is unknown to law and that this is a clear instance of interference in the judicial proceedings and if this is allowed to be continued or any importance is given to such a letter a very bad precedent is likely to be established, so far this particular court is concerned and as such if a speedy trial is ordered by the court at this stage there will be sufficient scope for reasonable inference that the Ld. Court might have passed such an order because of such a letter. As such, the Ld. Lawyer for accused submits that the matter may please be referred under Section 15(2) of Contempt of Courts Act to the Hon'ble High Court. But it is to be noted, Section 327 of Cr. P.C. provides that a criminal case is always to remain open to the general member of the public and also think that the judicial decision may have repercussion on the society as a whole. It is to be noted further in this context that the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s published written by one Subasis Maitra, relating to the story of a ten year long protest by Smt. Archana Guha and that article, the writ petitioner respondent has stated, was in the form of a narrative in the first person singular, being the version of the said Smt. Archana Guha and his brother Soumen Guha along with the comments of the writer and the same was accompanied by photographs . It has been stated that along with the said articles there was also a report of an interview of A.P. Chatterjee being the learned Counsel, appearing on behalf of Smt. Archana Guha along with his photograph. 21. The writ petitioner respondent has stated that on 22nd July 1987, he made an application before the learned Metropolitan Magistrate, referring to another publication in Ananda Bazar Patrika dated 18th July 1987 under the caption Torture Cell and submitted that such publication has not only ventilated about the Court proceeding but the said news item went to the extent of ventilating the entire story of the prosecution case, besides the recorded evidence, with an attractive caption as mentioned earlier and it was also stated by him that in the instant case, besides the complainant, severa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or magazine . This ban will continue as long as the trial is continuing and judgment is not delivered. (2) Full report of the case during trial may also affect fair trial and the press shall desist from publishing the full report of the case which may give a hint to non-examined witnesses. This ban will also continue as long as the trial is continuing. (3) The press may publish a brief summary of the evidence of the witness while publishing day to day court proceedings. (4) No excessive publication tending to affect fair trial shall be made by any press and any complaint is made before the learned Magistrate that this order has been violated or that the press has reported too excessive publication the Magistrate shall initiate suitable action. The said judgment has since been reported in 1987 Cal Cri LR 263. It has also been alleged that the contents of the said judgment and order were sought to be frustrated by the concerned publication by publishing full length stories, interview, reports and other comments, espousing the cause of Smt. Archana Guha and reporting her unilateral version of the case. 24. In such view of the matter, the writ petitioner respondent Shri Guha Neogi mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , they have already prejudged the issue against him. Such prejudging was iniquitous according to the writ petitioner respondent. He has stated that such adverse publicity or holding the demonstration as indicated has created an atmosphere of prejudice against him, and has also created hostility and such an atmosphere would be inconsistent with the idea and requirement of a fair trial and would not also be conducive to the right of the accused to defend himself in any Court of law. Apart from the above, he has stated that such acts and actions as alleged would have a demoralising effect on his character and conduct and is likely to cause genuine apprehension in his mind that the Court may be influenced by the process of such continuous persuasion exerted by such body or bodies of person or organisation as indicated earlier and such act or action was perpetuated with a calculated mind. He has also stated that those publications and the action as indicated would also prejudice the mind of any person against him and that would constitute an attempt to prejudice his defence. 26. It was further reclaimed and reiterated by the writ petitioner Respondent Mr. Guha Neogi that in view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more than once, but also went to the Hon'ble Supreme Court of India and has claimed that such actions on his part were justified. In support of such submissions, he referred to the Division Bench judgment of this Court as indicated earlier and has stated that the fact that some of the charges as levelled against him, where set aside, would be enough to establish his justification of moving the higher Courts. It is no doubt that the Bench presided over by P.C. Barooah, J. (as His Lordship then was), had set aside some of the charges as sought to be framed against the accused persons, but Their Lordships have specifically directed a speedy trial of the proceedings on the basis of the remaining charges, but thereafter, some steps were taken by Mr. Guha Neogi, which were not ultimately upheld either by this Court or the Hon'ble Supreme Court of India. 27. As it is and on the basis of the dates as indicated earlier, nobody can doubt that the bulk of the time for which the proceeding with the learned Magistrate has been delayed, was consumed by the writ petitioner Respondent Mr. Guha Neogi. 28. In his writ petition before this Court, the writ petitioner Respondent Mr. Guha Neogi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Police lock-up at Lalbazar and thereafter, on an enquiry being held under Section 202 of the Code of Criminal Procedure, process was issued against them under different sections and ultimately, in the facts and, circumstances as mentioned hereinbefore, the accused persons were committed to sessions. 31. The deponent has also referred to series of orders as passed by this Court and the Hon'ble Supreme Court of India, the full particulars whereof, we have indicated earlier and on that basis, she claimed that if any one was responsible and liable for the delay in completion of the proceeding, it was the writ petitioner Respondent Mr. Guha Neogi and none else. In fact, the deponent has indicated that such fact would also appear from the dates as indicated by the learned Metropolitan Magistrate in his order and which we have quoted earlier. The effect of our scanning the dates and on the basis thereof, we have come to the conclusion about the complicity of the writ petitioner Respondent Mr. Guha Neogi, in having the proceeding delayed as we have indicated earlier. There cannot be any doubt that the exceptions taken by the writ petitioner Respondent or any one, regarding the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint was filed by her against the writ petitioner Respondent Mr. Guha Neogi and others, no such Legal Aid Committee had been set-up in the State of West Bengal and such State Legal Aid Committee was established in this State only some years ago and, in any event, the complainant did not make any petition also to the State Legal Aid Committee for any help to have her case prosecuted. 32. The deponent, in paragraph 20 of her affidavit-in-opposition has indicated the dates. Accordingly, there would be no doubt that on frivolous grounds the completion of the concerned criminal proceeding was sought to be delayed by or at the instance of the writ petitioner Respondent Mr. Guha Neogi. 33. We shall indicate the findings of the learned Trial Judge and the order as impeached later and before that, we think, we should have the points as canvassed before us by Mr. Chatterjee noted. 34. He first placed the Division Bench judgment of this Court as indicated earlier and claimed that on the basis thereof, the trial of the Warrant case which was initiated on the basis of the complaint of Mrs. Archana Guha, should proceed and should not have been stopped and he further indicated that beca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion arises whether an accused person was produced before the Magistrate as required under Paragraph (b) of Section 167(2), the production of the accused person may be proved by his signature on the order authorising detention. Such submissions were put forward by Mr. Chatterjee, since it was the specific case of the complainant that Mrs. Archana Guha was not appropriately produced in terms of the requirements of law and he contended that if she was really produced, then such production should have been proved by tendering the necessary legal evidence, in terms of the requirements as mentioned above. 36. It was Mr. Chatterjee's submissions that there was in fact, no delay for Mr. Guha Neogi to have a speedy trial since virtually all such delay or delay, if any, as complained of, occurred in the course of proceeding pending before the Courts which again were resulted from his own action. Such submissions were sought to be supported by Mr. Chatterjee, on a reference to the case of Eddie M. Harrison v. United States (1968) 20 Law Ed. 2d 1047. It was also submitted by Mr. Chatterjee, on a reference to the case of United States v. Clarence Ewell and Ronald K. Dennish (1966) 15 Law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s mentioned hereinbefore and also for availability of other adequate alternative remedies under the statute. In support of such submissions, Mr. Chatterjee firstly, referred to the case of Smt. Ujjam Bai v. State of Uttar Pradesh AIR 1962 SC 1621, where dealing with the question of jurisdiction and the meaning of judicial or quasi-judicial authority and when writ of certiorari can be issued or where such writ can lie it has been observed per S.K. Das, J. that jurisdiction means authority to decide. Whenever a judicial or quasi-judicial tribunal is empowered or required to enquire into a question of law or fact for the purpose of giving a decision on it, its findings thereon cannot be impeached collaterally or on an application for certiorari but are binding until reversed on appeal. Where a quasi-judicial authority has jurisdiction to decide a matter, it does not lose its jurisdiction by coming to a wrong conclusion, whether it is wrong in law or in fact. The question whether a tribunal has jurisdiction depends not on the truth or falsehood of the facts into which it has to enquire, or upon the correctness of its findings on these facts, but upon their nature and it is determinable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided that they must be accepted as valid unless set aside on appeal. Even the doctrine of res judicata has been applied to such decisions. On the basis of such tests as indicated in the above determinations as mentioned and the other tests as laid down, Mr. Chatterjee pointed out that error on the face of the record, which was the alleged basis of interference by the learned Trial Judge, was not appropriate and in the instant case, whether the proceedings as sought to be initiated, it was judicial or quasi judicial even, there was no occasion for affecting the fundamental right of Mr. Guha Neogi as claimed. 38. While on the question of delay as mentioned earlier, Mr. Chatterjee first referred to the case of V.K. Agarwal v. Vasantraj Bhagwanji Bhatia, where the delay was about 20 years after the gold in question, was seized under Customs Act, 1962 and Gold (Control) Act, 1968. Even in that case it has been observed that such delay would be no ground for not proceeding further with the matter inasmuch as the offence in question, was a serious economic offence, which undermines the entire economy of the nation. The delay occasioned in the working of the judicial system by the ever i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ung lads 12 or 13, have been languishing in jail for over 8 years, for a crime which perhaps ultimately they may be found not have committed. In fact, it was the submission of Mr. Chatterjee that in such circumstances, the determinations as made in the two cases as indicated hereinbefore, would not apply in the present one and in fact, such determinations were and are distinguishable. 40. Reference was made thereafter, by Mr. Chatterjee to the Full Bench determinations of the Patna High Court in the case of The State v. Maksudan Singh, where, while dealing with Article 21 of the Constitution and right to speedy public trial or the effect of violations thereof it has been observed by majority that it cannot be said that the violation of the right of speedy and public trial pertains to the realm of sentence alone. Once the constitutional guarantee of speedy trial and the right to a fair, just and reasonable procedure under Article 21 has been violated then the accused is entitled to an unconditional release and the charges levelled against him would fall to the ground. The right of speedy and public trial does not arise or depend on the conviction and sentence of the accused. Barring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itution and right to speedy public trial it has been observed that in all criminal prosecutions the right to a speedy public trial is now an inalienable fundamental right of the citizen under Article 21 of the Constitution. This cannot be allowed to be whittled down on any finical ground of the hoary origin of this right in the constitutional history of Great Britain and America, nor considerations of affluence of developed countries are even remotely relevant or germane in this context. Therefore, it is not possible to read down the right of speedy and public trial in India for the fact that our society as yet is not as developed or affluent as the Anglo-American one, apart from holding that the fundamental right to a speedy public trial extends to all criminal prosecutions for all offences generically, irrespective of their nature. It is not confined or constructed to either serious or capital offences only and the right under Article 21 of our Constitution to a speedy public trial is identical in content with the express constitutional guarantee inserted by the Sixth Amendment in the American Constitution. The Sixth Amendment to the American Constitution in terms says, in all cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in the United States of America, to have a speedy trial is the fundamental right and on such submissions, he referred to the two United States cases reported in the United States Reports, the particulars whereof, we have indicated earlier. He further submitted that even though, in our Constitution, such right to have a speedy trial is not indicated specifically, but on reading of the provisions of the Constitution and the judgments of the Supreme Court, the same can be evolved in a proceedings in our country. But he contended that even then the delay being attributable or the said Mr. Guha Neogi being answerable for the same, no interference was needed or required by the learned trial Judge. 42. Thereafter, Mr. Chatterjee referred to and relied on the single Bench decision of this ' Court in the case of Ranjit Guha Neogi v. State of West Bengal, (1979) 1 Cal HN 262, some particulars whereof, we have indicated earlier and stated on a reference to paragraph 25 of the said report to the effect where it has been observed that the allegations are that respondent No. 5 was tortured by the accused persons and the charges against them are under the ordinary penal laws of the land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m custody of the Supreme Court by his order and he is only required to intimate to the jail authorities, the prisoner and the Supreme Court that the original remand has been extended while adjourning the case. This is sufficient compliance with the requirements of the law in such special circumstances. The object of production of the prisoner before the Magistrate is more than answered by his production before the Supreme Court because the prisoner has the protection of his interest transferred from the Magistrate to the Supreme Court. There is nothing in the law which required the personal presence of the prisoner before the Magistrate because that is a rule of caution for Magistrate before granting remands at the instance of the police. However, even if it be desirable for the Magistrate to have the prisoner produced before him, when he recommits him to further custody, a Magistrate can act only as the circumstances permit. Secondly, he relied on the case of M. Sambasiva Rao v. Union of India AIR 1973 SC 850: (1973 Cri LJ 663), where, while dealing with Section 344 of the Criminal Procedure Code, it has been observed that the order of remand cannot be considered to be invalid mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused person must be tried under the provisions of the Code, and the High Court would be reluctant to interfere with the said proceedings at an interlocutory stage. It is not possible, desirable or expedient to lay down any inflexible rule which would govern the exercise of this inherent jurisdiction and has also indicated some of the categories of cases where the inherent jurisdiction to quash proceedings can and should be exercised are:-- (i) Where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category. (ii) Where the allegations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirely, do not constitute the offence alleged; in such cases no question of appreciating evidence arises; It is a matter merely of looking at the complaint or the First Information. Report to decide whether the offence alleged is disclosed or not. (iii) Where the allegations made against the accused person do constitute an offence alleged but there is either no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icated earlier, the learned Judge was not justified in having the proceedings quashed at this stage and more particularly under the jurisdiction, which he was exercising at the relevant time. The crux of Mr. Chatterjee's submissions were that under Article 226 of the Constitution of India, the order of quashing proceedings as made by the learned trial Judge, in the facts and circumstances of the case, was not germane or proper. Thereafter, Mr. Chatterjee mentioned the case of Smt. Nagawwa v. Veeranna Shivalingappa Konialgi 1976 CriLJ 1533, where the Supreme Court has observed that it is true that in coming into a decision as to whether a process would be issued the Magistrate can take into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the allegations but there appears to be a very thin line of demarcation between a probability of conviction of the accused and establishment of a prima facie case against him. The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. Once the Magistrate has exercised his discretion it is not fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of the guidelines as indicated by the Supreme Court, there was no case made out before the learned trial Judge, on the basis of the facts of this case, about the inherent improbability and claimed, that even on the basis of the tests as laid down, the learned Judge was wrong and not justified in making the necessary interference in this case and thus to quash the proceedings. It was claimed by him that since the complaint in the instant case could at this stage could not be claimed to be patently absurd or inherently improbable, as the hearing of the proceedings has not taken place or has so long been frustrated and delayed mainly at the instance of Mr. Guha Neogi, so the determinations in the case reported in 1976 CriLJ 1533, as referred to in the impugned judgment, will not apply. That was also his submissions in respect of the case reported in 1975 CriLJ 812 and he pointed out that the question for consideration in that case, was different from the present one and as such also the determinations as made therein, would not apply with such efficacy as the learned Judge has thought and further he failed to consider that even under the Code, there was no bar for the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and as such, the learned Judge also fail into errors in making his determinations. Similarly, Mr. Chatterjee claimed that the case of S. Guin v. Grindlays Bank Ltd. 1986 CriLJ 255, to which the learned Judge has made a reference, will have no application, because that was a case, where the acquittal was set-aside on the basis of the proceedings pending for a long time after trial. He repeated that since in this case, such stage has not as yet arrived, so the determinations as made therein, cannot be profitably applied here. It was Mr. Chatterjee's submissions that similar would be the answer against the case of Rakesh Saxena v. State through C.B.I. [1987] 1 SCR 173, the more so when, the proceedings as involved in this case, has not as yet reached the framing of charge and the delay, if any, has been caused, as indicated earlier, at the instance of Mr. Guha Neogi. 45. There was no doubt or any dispute that the case under consideration, was a warrant case and as such, Mr. Chatterjee claimed that firstly, evidence was to be concluded and secondly on such conclusion of evidence, the learned Magistrate would be free to frame or not to frame a charge. He, thirdly claimed that since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, actions and steps taken by Mrs. Guha and as a result thereof, speedy trial which is a prerequisite under or in terms of the determinations of the Supreme Court of India in the case of Hussainara Khatoon v. Home Secretary, State of Bihar, Patna (supra), the findings whereof as made by the Supreme Court and some particulars whereof, we have indicated earlier, have been frustrated. We have further indicated earlier the submissions made by Mr. Chatterjee as to why the said determinations would not apply in the facts and circumstances of the present case. 49. Mr. Dutt, in support of his submissions that the entire proceedings would be bad because of delayed initiation, placed reliance on the case of Thulia Kali v. State of Tamil Nadu 1972 CriLJ 1296. The accused in that case was convicted for the murder of a woman of 40 years and was sentenced to death under Section 302 I PC and for committing theft of jewels of the victim under Section 379 of IPC. The High Court of Madras affirmed the conviction and sentence of the accused and on a special leave being granted, in the facts and circumstances of the case it has been held that(i) First information report in a criminal case is an extrem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was further observed by the Supreme Court, while making the observations in clause (iii) that looking at all the circumstances, it was not possible to sustain the conviction of the accused. Thereafter, Mr. Dutt referred to the case of Balaram Roy v. The State, (1983-84) 88 Cal WN 238, where the FIR was lodged after about 10 days of the occurrence and in the said FIR all that is said was that the delay was due to the fact that the informant was in a state of mental disbalance. It is true, that even if the police had refused to record the FIR earlier, it was perhaps not possible for the informant to have mentioned that fact in the FIR itself and on consideration of the facts and circumstances it has further been indicated that there are some circumstances which cast some doubt as to the truth of the allegation made by PW 1. According to PW 1, when the police refused to record the FIR, his sister Charubala went to Barasat to make some Tadbirs with the higher authorities. Thereafter, she came and told her brother PW 1 that the FIR may now be recorded. If this was true, then certainly the prosecution story might have got some support but unfortunately, Charubala in her evidence does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the prolonged delay in execution was considered and it has been observed that prolonged detention to await the execution of a sentence of death is an unjust, unfair and unreasonable procedure and the only way to undo the wrong is to quash the sentence of death. The dehumanising factor of prolonged delay in the execution of a sentence of death has the constitutional implication of depriving a person of his life in an unjust, unfair and unreasonable way, as to offend the constitutional guarantee that no person shall be deprived of his life or personal liberty except according to procedure established by law. The appropriate relief in such a case is to vacate the sentence of death. Delay exceeding two years in the execution of a sentence of death should be considered sufficient to entitle the person under sentence of death, to invoke Article 21 and demand quashing of the sentence of death. The cause of the delay is immaterial when the sentence is death. Be the cause for the delay, the time necessary for appeal and consideration of reprieve or some other cause for which the accused himself may be responsible, it would not alter the dehumanising character of the delay, apart from h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular and findings whereof and why those findings would not be applicable as claimed by Mr. Chatterjee, have been indicated earlier. Then, Mr. Dutt referred to the case of Madhesh-wardhari Singh v. State of Bihar (l986 Cri LJ 1771) (Patna) (FB) (supra), the findings where of and so also why they will not be applicable in the case, as contended by Mr. Chatterjee, we have indicated earlier. Then, further reference was made by Mr. Dutt to the case of Rakesh Saxena v. State through C.B.I. [1987 ]1 SCR 173 , where a trader in the lowest rung of the hierarchy in the foreign Exchange Division of a Bank was charged with certain offences. The framing of charge was challenged by the accused and it has been held that when the trial of an offence committed six years ago is bound to take further two or three years and it is extremely doubtful whether it will at all result in conviction, no useful purpose will be served by allowing the prosecution to continue. The charges in such a case are liable to be quashed and the distinguishing features of this case, as pointed out by M r. Chatterjee, we have indicated earlier. Thereafter, reference was made by Mr. Dutt to the case of Maj. Genl. A.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sheet that prosecution is not in a position to know the addresses of the witnesses who are mostly Government Officials. Luxury of protracted trial cannot be allowed to the prosecution. If they did not know the addresses of their own witnesses and if the prosecution was not in a position to conclude its evidence by now it will be an abuse of the process of the Court to allow the prosecution to go on any further. The particulars or the findings whereof, we have also quoted earlier with the submissions made against the applicability of the same to this case by Mr. Chatterjee. On the basis of such determinations it was Mr. Dutt's contentions that even though the said Mr. Guha Neogi was partly responsible for the delay but the major part of such delay having been occasioned because of the action, inaction and non-action of the complaint Mrs. Archana Guha, the interference as made by the learned trial Judge, cannot be said to be inappropriate. Thereafter, reference was made by Mr. Dutt to the case of N.C. Nag Pal v. The State where a learned single Judge of this Court had occasioned to consider the nature and scope of inherent power of this Court under Section 482 of the Code of Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Ghosh v. State of West Bengal. In that case, a prosecution for the offences alleged to have been committed by the petitioner between the period of May, 1971 and March, 1972 was started before the Special Judge who took cognizance of the offence after examining the complainant. The Public Prosecutor did not examine all the witnesses during the period from 1976 to March, 1987 and no charge could be framed and thereupon the petitioner moved the writ petition for quashing the trial contending that as an accused he has a right to speedy trial under Article 21 of the Constitution and his right to a fair, just and reasonable procedure as guaranteed by the said Article 21 has been violated and, as such the charges against him should be quashed and because of the pendency of the criminal trial for 15 years for no default on his part, his pension and other retiring benefits have been withheld and it has been indicated that it is now well settled that Article 21 of the Constitution would include within its wide scope the right to speedy and public trial which indeed is a basic human right. Undoubtedly an expeditious trial is the very essence of criminal justice and there can be no manner o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Mr. Dutt, established the fact as indicated above and it was his further and specific submissions that for any delay or absurdity or when in a case of the present nature, there has been excessive prejudicial publication; the trial was and is bound to be vitiated. In support of such submissions, Mr. Dutt referred to the case of Smt. Nagawwa v. Veeranna Shivalingappa Konjalqi 1976 CriLJ 1533, where, while dealing with scope of the enquiry under Section 202 of the Criminal Procedure Code, 1898, it has been held that the scope of the inquiry under Section 202 of the Code of Criminal Procedure is extremely limited limited only to the ascertainment of the truth or falsehood of the allegations made in the complaint (i) on the materials placed by the complainant before the Court; (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out; and (iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defence that the accused may have. It is not the province of the Magistrate to enter into a detailed discussion of the merits or demerits of the case nor can the High Court go into this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the question of the power of the High Court in making any interference in the matter of quashing a criminal proceeding under Article 226 of the Constitution of India, and if that is possible and permissible, Mr. Dutt placed reliance on the case of The Delhi Development Authority, New Delhi v. Smt. Lila D. Bhagat AIR 1975 SC 495, where, it has been observed that in an appropriate case it may be, rather, is, permissible to protect a person from illegal and vexatious prosecution by grant of an appropriate writ or in exercise of the inherent or revisional powers of the High Court. On the basis of such determinations, Mr. Dutt claimed that since the complaint in the instant case was illegal and by such illegal complaint a vexatious prosecution was sought to be initiated and more particularly when, Mr. Guha Neogi succeeded in 1980 before the Division Bench in establishing that his case was not absolutely an absurd one and thereafter, only in 1987, evidence of the complainant Mrs. Guha was recorded only in part, so the power as exercised by the learned trial Judge under Article 226 of the Constitution of India, in having the proceeding quashed was not inappropriate. Mr. Dutt also refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p by Mrs. Guha, was correct then there was no bar and the law gave her the right to make an application under Section 54, but such steps were not taken by her and that fact alone, would be enough to establish the falsity of her claim. 55. M r. Dutt then referred to the publications in press as made during the course of the proceedings and after the complaint was filed and claimed that those publications were so excessive that they would have created or have really created some problem and prejudice for Mr. Guha Neogi, to receive a fair trial and he further on a reference to the present provisions of the Code wanted to supplement that the intention of the legislature, to give an accused, opportunities to have a fair trial is there and according to him in a case of the present nature, availability of such fair trial to an accused person is a must. He wanted to get sustenance to such submissions on a reference to West Bengal Criminal Law Amendment Act, 1988 by which after Section 245(1) of the Code, Sub-section (2) has been added by saying that nothing in this section be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a limb of fair trial. 57. Mr. Bajoria, barring his submissions as would be indicated hereafter, specifically adopted the submissions of Mr. Dutt. 58. While on his submissions on delay, Mr. Bajoria pointed out that since the alleged occurrences or happenings were in July, 1974 and the complaint itself was filed on 20th August, 1977, that fact would be enough to return a verdict, that the same was not bona fide and intended or aimed at doing great mischief and to harass the Police officials concerned. He also made a specific reference to Section 54 of the Code of Criminal Procedure, 1973, which states that when a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntended that since there was no order of stay made or subsisting, there was no cause or ground of not proceeding with the proceeding by the learned Magistrate during the two periods as mentioned earlier. 61. On the ground of the effect of adverse publicity and excessive publication, Mr. Bajoria adopted the submissions of Mr. Dutt. 62. Mr. Mondal, appearing for the State, referred to the writ petition dated 22nd March, 1988 and also to the prayers of the same and claimed that the said petition was not a bona fide one, and was intended to frustrate the criminal proceedings as sought to be initiated. He further claimed and contended that the justification or otherwise of the delay from 1974 to 1977 or any delay as alleged, can only be gone into and considered at the trial and on proper evidence being adduced. He further claimed that the connected writ petition was neither bona fide nor maintainable, more particularly when, the writ petitioners were entitled to appropriate reliefs under Section 482 of the Criminal Procedure Code, 1973 and the learned trial Judge, should not have, in view of such availability of the other, adequate and appropriate reliefs under the Code, which by itself ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te to scat of Assembly and in consequence, the member was deprived of his constitutional rights to attend the Assembly Session and responsibility for arrest lay with higher echelons of the Government, it was a fit case for compensating the victim by awarding compensation. Compensation of Rupees 50,000/- was awarded. 64. It was submitted by Mr. Chakraborty that in the instant case the Police authorities were only intended to export confession from Mrs. Guha and as such, all their actions were intended to harass and torture her. It was then and specifically submitted by Mr. Chakraborty that a continuing criminal trial should not be allowed to be quashed by writ proceedings more particularly when in a case of the present nature evidence is being tendered. In support of his submissions Mr. Chakraborty firstly, referred to the case of The Delhi Development Authority v. Smt. Lila D. Bhagat (1975 Cri LJ 435) (SC) (supra), some particulars whereof, we have quoted earlier and where apart from that it has been observed that during the pendency of the prosecutions under Section 29(2) of the Delhi Development Act for violation of Section 14 of that Act some of the persons prosecuted filed writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Mrs. Guha since she could not over-come the shock which she received in jail custody meted on her and also on the members of her family which according to him, had also dehumanising effect on her mind. Mr. Chakraborty further submitted that such delay as caused in this case or the happenings thereof, was visualised by the Legislators, as such Section 468 of the Criminal Procedure Code, 1973 which is to the following effect: Bar to taking cognizance after lapse of the period of limitation (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in Sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, has been incorporated. Then Mr. Chakraborty submitted that delay in this case cannot be a ground to defeat the purpose of the concerned proceedings and that too, on reference to Section 330, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same alleged offenders were later on sought to be prosecuted under Section 84 of the Gold (Control) Act, 1968 relying on the find of primary gold from the very same premises at the time and on the occasion of the very same raid which gave rise to the prosecution under the Customs Act which had culminated in the conviction of one accused and the acquittal of two accused. The High Court found that the subsequent trial was barred by virtue of Section 403(1) of Criminal P.C., 1898, and it has been held that Section 403(1) would not come to rescue of the accused whereas Section 403(2) of the Code clearly concludes the matter against them and the accused could be found guilty of both the offences in the context of the possession of gold. If it was established that there was a prohibition against the import of gold and that he was found in possession of gold which he knew or had reason to believe was liable to confiscation he would be guilty of that offence. He would also be guilty of an offence under the Gold (Control) Act provided the gold is of a purity of at least 9 carats. He would have violated the provisions of 'both' the Customs Act and the Gold (Control) Act if the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch torture like Mrs. Guha, in the hands or at the behest of police officers like the respondent writ petitioner. 69. Both Mr. Chatterjee and Mr. Chakraborty claimed the impugned judgment to be perverse and illegal, as apart from the wrong application of the provisions of law and inappropriate application of the cases as cited at the Bar. The learned trial Judge, according to them, while making the determination took into consideration extraneous matters or facts, which have not as yet been received in evidence or such stage has not as yet reached. There cannot be any doubt or dispute that at this stage of the concerned proceedings, there is no evidence which could establish or justify the findings of the learned trial Judge that the case of Mrs. Guha is patently absurd and inherently improbable and as such the prosecution is nothing but a mala fide one even though the learned/trial Judge was right in his observations that the Court cannot be influenced merely by allegations made by Mrs. Guha and has to judge the issue and examine the case dispassionately without being influenced by any sentiment raised and expressed in the newspaper. The learned trial Judge was also right and justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtainly be and without any further evidence, considered to be an inordinate delay. There is also no evidence that Mrs Guha waited and wasted time to file her complaint for the Left Front Government to come to power, as alleged. This finding and the grounds to support and supplement the same, appear to us to be without any basis and legal evidence. 70. We have seen and considered the evidence of Dr. R.R. Sengupta, which establishes that Mrs. Guha was admitted to S.S.K.M. Hospital on 22nd December, 1975 and was discharged therefrom on 24th January, 1976 and really on becoming very weak, she was ultimately examined by the said Dr. Sengupta. The learned trial Judge has commented that when Mrs. Guha was released on Parole on 17th November, 1976 and she was released from her detention from 3rd May, 1977, she had the opportunity to lodge her complaint about the torture as alleged or which she had received, but she did not do so and that even while, she was in the hospital, she did not choose to make any complaint. The learned trial Judge has further commented while in Jail custody, Mrs. Guha could have also presented her complaint through the Superintendent of the concerned Jail, but that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was being dealt with by him, was not made in the Criminal Revisional Jurisdiction, invoking the inherent power of the Court under Section 482 of the Criminal Procedure Code. Such being the position, we feel that the learned trial Judge was not right and justified in opining that the principles on which the High Court can quash a criminal case, while exercising its power under Section 482 of the Criminal Procedure Code, .cannot be applied by the Writ Court. We feel that in the facts and circumstances of the case and more particularly when the evidence has not as yet been completed, the learned trial Judge was not justified in making such observations that in such criminal proceedings as involved in this case, a Writ Court, while trying to enforce the fundamental rights of a citizen as guaranteed under Article 21 of the Constitution of India, should not be fettered by the rules of technicality and has wide power to call for and look into documents that may be necessary for the purpose of exercising the jurisdiction under Article 226 of the Constitution of India. Such observations of the learned Judge, in our view, would make the criminal proceedings nugatory, specially in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected him to proceed with the trial in accordance with law and as such, there was no doubt that the Respondent writ petitioner would be at liberty to urge and raise all points as taken even before the said Division Bench or such other points as may be available to him at the appropriate stage, as observed by the said Division Bench and that being the position, we fail to understand how at this stage, the interference as made by the learned Trial Judge, can be sustained. The learned Trial Judge has observed that when a citizen approaches the Writ Court, for enforcement of the fundamental rights and one of his contentions is that on the basis of. incontrovertible documents, the complaint is patently absurd and inherently improbable, the said Court would certainly be entitled to consider documents and record, if necessary, and is not required to confine to the records and documents already available in the proceedings which is sought to be quashed. Such observations of the learned Trial Judge appear to us to be improper in the facts and circumstances of the case and he was also not right in holding that the allegations of the complainant are falsified by the statement as available t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution as pointed out by him, it would be extremely doubtful as to whether the prosecution case will at all result in a conviction. By making such observations, with due respect, we find that the learned Trial Judge has just put the cart before the horse and he had no occasion to state at this stage that even if the prosecution is able to make out a case on the basis of the probability, that would not be sufficient to sustain a conviction, as there would still remain various evidence of doubt, of which the benefit must go to the accused. Unfortunately however, such areas of doubts have not been indicated by the learned Trial Judge himself. The above are, amongst others, some of the circumstances, the consideration whereof, emboldens us to say that the learned Trial Judge, while making his determination took into consideration extraneous matters or facts. 72. On the intrinsic evidence as available from the records of this proceeding, we are of the view that the tilt of the balance in the matter of taking adjournments and thereby causing delay, in having the concerned proceedings completed lay very heavily on the writ petitioner Respondent Shri Guha Neogi than either Mrs. Guha or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould have allowed the learned Magistrate to take further steps, in having the proceedings continued and completed. Such steps, admittedly could not be taken, for such action of the writ petitioner Respondent Mr. Guha Neogi as indicated earlier. 74. On the basis of the evidence as available and discussed by us, we are also of the firm view and opinion that the delay in having the concerned proceedings completed and to have a speedy trial, does not rest so heavily on Mrs. Guha, as it rested on the writ petitioner Respondent Mr. Guha Neogi and while considering such delay as occasioned, time consumed by the Court, in our view, should not be taken into consideration. However, if the writ petitioner Respondent Mr. Guha Neogi is allowed to take recourse to such submissions of delay as made on his behalf, for protecting his fundamental right, there we fail to understand why complainant Mrs. Guha would not be entitled to claim that on the basis of the allegations as made and that too, against the Police officer like the writ petitioner Respondent Mr. Guha Neogi, she should not have the appropriate opportunity and benefit to protect her rights as enshrined in the Constitution of India. If t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould not have got the proceedings frustrated. The determinations in Hussainura Khatoon v. Home Secretary, State of Bihar (supra), agreeing with Mr. Chatterjee, we hold, would not apply in the facts and circumstances of the present case. We further find that the determinations in the case of State of Bihar v. Uma Shankar Ketrawal (l981 Cri LJ 159) (supra), will not also apply appropriately in the facts and circumstances of this case and would be dislinguishable on the facts of the present one and at this stage, the learned Trial Judge could not have come to a firm finding as to who was attributable or answerable for the delay caused in the present proceedings and that too, without having further legal evidence on the point. Even though Mr. Chatterjee, on the basis of the attending circumstances of the case sought to argue that it was only the writ petitioner Respondent Mr. Guha Neogi and none else, who was responsible for the delay and laches in the matter of having a speedy and fair trial, frustrated, we feel, on the basis of our findings, that at this stage, even we shall not be justified in making any final and firm determination of the point and our findings as above, are also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra). We feel that even on the basis of such determinations, the learned Trial Judge, at this stage of the proceedings, was not justified in making the necessary interference. We also found and hold that the determination in State of Maharashtra v. Champalal Punjaji Shah) (supra) or the observations as made therein, would not apply at this stage, because the learned Trial Judge had not had at the present stage, the necessary materials to hold that it was Mrs. Guha, who was responsible for the delay in the matter or to have a fair and speedy trial, frustrated. While on the point and on the question of dehumanising factor of a prolonged delayed proceedings, Mr. Dutt referred to the case of T.V. Valheaswaran v. State of Tamil Nadu (1983 Cri LJ 48I) (SC) (supra) and Srinivas Gopal v. Union Territory of Arunachal Pradcsh (supra), apart from relying on the case of The State v. Maksudan Singh and Rakesh Saxena v. State through C.B.I. [1987] 1 SCR 173 (supra). We have indicated the characteristic feature of those cases earlier and we further feel that the observations as made in those cases, would not apply with full vigour as claimed by Mr. Dutt, in a case of the present nature and mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed by the learned Trial Judge and more particularly when, the entire and complete legal evidence has not as yet been received in the proceedings, was not justified, this appeal, therefore should succeed and the trial of the concerned Criminal proceedings, should be directed to commence at once, in terms of the earlier Division Bench determination, which was presided over by P.C. Barooah, J. (as His Lordship then was). 80. This appeal thus succeeds. But in the facts and circumstances of the case, we make no order as to costs. 81. In view of the long delay, which has occurred, in having the proceedings completed, we direct the learned Registrar, Appellate Side to transmit the records of the concerned proceedings, if they are in this Court, to the learned Trial Magistrate at once, with a request to have the proceedings as initiated, completed after taking due and legal evidence at an early date. It would be highly appreciated, if necessary steps for complying with this order are taken within two months from today and thereafter, if the proceeding, is completed by six months. 82. Before leaving the matter we must keep it on record that an affidavit dated 18th September 1989, was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
