THE HONOURABLE SRI JUSTICE K.SURENDER
WRIT PETITION No.9077 OF 2023
ORDER:
1. The petitioner is V.Srinivasulu Reddy working as Deputy Secretary, WCDA & SC Department, A.P.Secretariat, Velagapudi, Amaravathi, Andhra Pradesh, filed the present petition with the following prayer:
"...to issue a Writ of Mandamus, or any other appropriate Writ, order or direction calling for the records pertaining to CC No.787/2023 on the file and in the Court of the Honourable V Addl.Junior Civil Judge-cum-V Additional metropolitan Magistrate Court, Ranga Reddy at L.B.Nagar and to quash the same as against the petitioner herein, (A2) on the ground that the impugned charge sheet which has been filed after an inordinate and unexplained delay of 6 years is an abuse of the process of the Court and it is in violation of petitioner's Fundamental Right to speedy investigation and trial under Article 14 and Article 21 of the constitution of India and also in violation of the Principles of Natural Justice and contrary to the latest judgment dated 16/12/2022 of the Honourable Supreme Court in Hasmukhlal D Vora v. The State of Tamil Nadu in Criminal Appeal No.2310/2022 and in Vakil Prasad Singh v. State f Bihar, reported in (2009)3 Supreme Court Cases 355, and various other judgments rendered by the Honourable Supreme Court from time to time on this point, and pass such order or orders as this Honourable Court may deem fit and proper in the circumstances of the present case."
2. Learned counsel for the petitioner has argued mainly on the ground that there is an inordinate delay of six years in filing the charge sheet. There is no explanation for the said delay and the delay is in violation of the fundamental right to speedy investigation. Learned 2 counsel relied on the judgment in the case of Vakil Prasad Singh v. State of Bihar1 wherein it is held as follows:
"24. It is, therefore, well settled that the right to speedy trial in all criminal persecutions (sic prosecutions) is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated above, and determine in each case whether the right to speedy trial has been denied in a given case.
25. Where 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-frame for conclusion of trial.
30. Thus, on the facts in hand, in our opinion, the stated delay clearly violates the constitutional guarantee of a speedy investigation and trial under Article 21 of the Constitution. We feel that under these circumstances, further continuance of criminal proceedings, pending against the appellant in the Court of the Special Judge, Muzaffarpur, is unwarranted and despite the fact that allegations against him are quite serious, they deserve to be quashed."
3. On the other hand, learned Government Pleader for Home would submit that the delay was on account of the conduct of this petitioner by not handing over the documents which were in his possession in his official capacity. He further submits that the police, during the course of investigation had repeatedly made attempts to secure the documents. Since documents were not furnished, delay was caused-.
4. Petitioner earlier filed W.P.No.3142 of 2023 and this Court dismissed the writ petition as withdrawn for the reason that the charge 1 (2009) 3 Supreme Court Cases 355 3 sheet was already filed, as intimated by the learned Government Pleader for Home and granted liberty to question the said charge sheet.
5. It is alleged in the charge sheet that A2 being government employee had colluded with the other accused to play fraud by producing bogus or fabricated certificates to be filed in the department for the purpose of giving posts to other candidates, which posts were reserved for Scheduled Tribes. In the charge sheet, the Inspector of Police has stated that original documents were submitted in the OA No.4161 of 2015 which was filed in the Andhra Pradesh Appellate Tribunal. However, the evidence collected made out prima facie offence under Sections 417, 420 and 120-B of IPC and accordingly, chare sheeted this petitioner and three others.
6. There are in all 11 witnesses cited in the charge sheet, out of which, six of them are investigating officers, two panch witnesses for confession-cum-seizure panchanama of A1. The other witnesses are official witnesses.
7. In the present facts, the police has explained the cause for delay in filing the charge sheet. On the ground of delay, this Court is not inclined to quash the proceedings. The Hon'ble Supreme Court in Vakil Prasad Singh v. State of Bihar's (supra) observed that if the Court feels that quashing of proceedings will not be in the interest of justice, the Court can make proper orders including 4 fixing the period for completion of the trial. In the present case, there are serious allegations of fabrication of certificates and also trying to provide posts reserved for STs to others.
8. In view of the serious nature of allegations, the proceedings cannot be quashed. However, to meet the ends of justice, the trial Court is directed to secure the presence of the witnesses and conclude trial expeditiously, within a period of six months.
9. With the above direction, this Writ Petition is disposed off. Consequently, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 11.04.2023 kvs 5 THE HON'BLE SRI JUSTICE K.SURENDER WRIT PETITION No.9077 OF 2023 Dt.11.04.2023 kvs