Judgment S. C. MITAL, J. ( 1 ) PETITIONERS Kallu and Mangi Lal have preferred this petition u/s. 482, Cr. P. C. for seeking quashment of the criminal proceedings of Case No. 11/89 u/s. 3/7 of Essential Commodities Act, 1955 (for short the Act hereinafter) pending in the Court of Judge, Special Court, Essential Commodities Act cases, Banswara. ( 2 ) THE petitioners case is that the aforesaid criminal case was instituted against them on 2-8-89 on the complaint of Shri Shivnath Singh, Enforcement Officer, District Supply Office, Banswara u/s. 3/7 of the Act. The complainant alleged that he inspected the shop of the petitioners at Bhagi Dhora on 19-4-89 as he had an information that truck was to arrive loaded with wheat and gram bags. The complainant stopped the truck in the presence of Khem Raj, who stated that the bags were purchased from Karji. He produced the bill which had over-writings in the contents. It was found that the petitioners had illegally sold the wheat and gram to other persons instead of distributing to the consumers. ( 3 ) IT is further stated by the petitioners that the case was fixed for stating the accusation of the offence on 4-11-89. It was adjourned several times as ultimately accusation was read over on 4-8-92. It was posted for recording the prosecution evidence on 13-10-92. The prosecution did not examine any witness upto 24-5-94 and the Presiding Officer stood transferred. Therefore, order was passed for de novo trial. P. W. 1 was examined on 14-2-95 and second witness was examined on 15-4-96. Two witnesses were examined on 20-8-96 and one witness was examined on 19-11-96, 31-3-1997 and 27-1-98 and two witnesses examined on 10-3-98. Further one witness was examined also on 3-4-98. However, the Presiding Officer was transferred on 18-6-98. Again de novo trial has to take place. In this way, this case is lingering on for last nine years and almost at the same stage because of fresh orders for de novo trial. It is prayed that the proceedings in the criminal case may be quashed in the above facts and circumstances, because the right of the petitioners for speedy trial has been infringed due to delay. ( 4 ) I have perused the order sheets enclosed with the petition. The trial is lingering on for the last about nine years. De novo trial was ordered on 6-7-94.
( 4 ) I have perused the order sheets enclosed with the petition. The trial is lingering on for the last about nine years. De novo trial was ordered on 6-7-94. Statement of P. W. 8 was recorded on 3-4-98 but again de novo trial has to take place due to transfer of the Presiding Officer on 18-6-98. In this way, the trial is likely to take further time. The petitioners are attending on all the dates of hearing regularly. They have suffered mental and physical agony as well as financial burden. It is revealed from the order sheets that there is no fault on the part of the petitioners in the progress of the trial. The learned P. P. submitted that the prosecution is also not responsible for the delay. The trial has been conducted in accordance with law and de novo trial has also been undertaken due to transfer of the officer. Hence, delay in this case is not a good ground for quashment of the proceedings. ( 5 ) I have given my thoughtful consideration to the contentions raised on behalf of both the parties. Undoubtedly, the proceedings have been lingering on for 10 years and now again proceedings would commence de novo because the Presiding Officer has been transferred. On number of dates, the witnesses were not present and the case did not make progress. The accused has a right for speedy trial and delay in trial is infringement of his fundamental right. In suitable cases, this Court must exercise its inherent powers to quash the proceedings to meet the ends of justice. I am of the view that in the facts and circumstances of this case also, the proceedings against the petitioners must be quashed in the ends of justice. ( 6 ) CONSEQUENTLY, this petition u/s. 482, Cr. P. C. is allowed. The proceedings of Criminal Case No. 11/89 u/s. 3/7 of the Essential Commodities Act, 1955 pending in the Court of Special Judge, Essential Commodities Act cases, Banswara are hereby quashed. The bail bonds submitted by the petitioners are discharged.