9911796707
TMI Blog2025 (1) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to as "IPC") and Section 50 (1) of the Delhi Sales Tax Act (hereinafter referred to as "DST Act") and Section 9 of the Central Sales Tax Act (hereinafter referred to as "CST Act") registered at Police Station I.P. Estate, Delhi. 2. It is submitted in the Petition that the present FIR was registered against the Petitioner on the allegations that the dealer was evading Sales Tax and other allegations were also made. It was claimed that by using/issuing bogus 'C' Forms, offence of cheating and breach of faith were also committed. In the Chargesheet, the Petitioner was shown as involved in 'C' Form No. 11P-572800 only. 3. It is claimed that the Petitioner never used any bogus Forms and has used the Forms only for the specific purpose for w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Petitioner and no offence under Section 406 of IPC, 1860 is made out. 9. Similarly, no Charges under Sections 468/467 of IPC, 1860 are made out and there was no conspiracy entered into by the Petitioner and Section 120B of IPC, 1860 is also not attracted. 10. The Petitioner has been facing trial for the last 21 years and is suffering from various ailments. The Petitioner is now 71 years old and has appeared in the Court on innumerable occasions. There is no delay on her part and she is entitled to be discharged and the present FIR is liable to be quashed on account of the inordinate delay in conclusion of the trial. 11. Reliance has been placed on the decision in Avdhesh vs. State of UP and Another, dated 19.04.2019 decided by High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to be deprived of his life or liberty, except in accordance with the requirement of that Article that some semblance of a procedure should be prescribed by law which should be reasonable, fair and just. If a person is deprived of his liberty under a procedure which is not fair, reasonable or just, such deprivation would be violative of Fundamental Right. It was further observed that deprivation of liberty of a person cannot be termed as reasonable, fair or just unless such procedure ensures a speedy trial for the determination of guilt of such person. Therefore, reasonably expeditious trial is an integral and essential part of the Fundamental Right and Liberty enshrined under Article 21 of the Constitution. It was further observed that pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds as stated in the aforesaid judgments has been pleaded in the present case, aside from the fact that the Petitioner has appeared umpteen times before the Court and is now 71 years old and is ailing. 19. It is also alleged that the Petitioner was not involved in the commission of the offence, though it is the matter of trial. 20. This Court understands the ordeal of facing trial over such a long period, but at the same time, it cannot be overlooked that the allegations made are of forgery and under Section 468/471 of IPC, 1860, aside from other provisions of cheating and using of forged documents. 21. In these circumstances, there is no case made out for quashing of the Chargesheet as well as of the FIR. 22. However, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
