ORDER The petitioners, who figure as accused in Kishanganj P.S. case No. 99/85 seek quashing of the case on the ground of delay. It is said that although the case was instituted on 8.7.1985 i.e. more than 13 years ago, with respect to alleged occurrence of 1975-76, till date even the investigation of the case is not complete. By an earlier order dated 23.9.1998 report was called for from the Chief Judicial Magistrate, Kishanganj as to whether final form has been submitted in the case or not Report has since been received from which it appears that no final form has been submitted. Counsel for the petitioners submitted that on account of protracted investigation, for which the petitioners are not to be blamed, they are deprived of their right of speedy trial, a concomitant of fundamental, right of life and personal liberty under Article 21 of the Constitution of India. Reliance was placed on decision of this Court in R.K. Mandal Vs. State of Bihar 1997 (1) PLJR 103. The learned Government Advocate admitted that there has been inordinate delay in conclusion of investigation but prayed for some more time to enable the Investigating agency to conclude the same. He however, agreed that even if investigation is concluded within the extended period, the actual conclusion of the trial will take some more time. He also agreed that for the delay in conclusion of investigation the petitioners are not to be blamed and the laches squarely lie with the Investigating agency. The present case; in my opinion, is fully covered by the ratio of that decision of the Supreme Court in Abdul Rahman Antule Vrs. R.S. Nayak ( 1992 (1) SCC 225 ). There in a constitution Bench of the Court held that while considering the question of delay in criminal case what is to be seen is delay was on account of the laches of the prosecution or the accused or on account of systematic failure. As stated above there is no dispute in the present case that the delay is not on account of accused but solely on account of laches on the prosecution. The delay also cannot be attributed to any systematic failure because nothing prevented the Vigilance Police to conclude the investigation. As stated above there is no dispute in the present case that the delay is not on account of accused but solely on account of laches on the prosecution. The delay also cannot be attributed to any systematic failure because nothing prevented the Vigilance Police to conclude the investigation. In the above premise, I am inclined to think that continuance of the criminal proceeding would amount to deprivation of the fundamental right of speedy trial of the petitioners and they are entitled to protection from this Court. The proceeding arising out of Kishanganj P.S. Case No. 99/85 pending before the Chief Judicial Magistrate, Kishanganj, is accordingly quashed and this application is allowed.