JUDGMENT 1. - The petitioner is facing trial for the offence under Section 3/7, Essential Commodities Act, 1955 in Special Cr. Case No. 25/95 (30/83) in the court of Additional Sessions Judge, Bali initiated on the complaint dated 18.4.83 filed by Enforcement Inspector in the court of Chief Judicial Magistrate, Pali. This petition has been moved under Section 482 Cr.P.C. to quash the aforesaid proceedings on the ground of violation of the right of the petitioner for speedy trial, which is now considered as a fundamental right under Article 21 of the Constitution of India. 2. The learned Public Prosecutor has opposed the petition on the ground that the allegations against the petitioner are for the offence under the Essential Commodities Act and this court may direct the trial court to complete the trial within a time limit prescribed by this court. 3. I have perused the order sheets of the case which reveal that cognizance was taken against the petitioner on 7.5.83. The complainant was examined on 2.2.85. No progress took place in the case and it stood transferred to Additional Chief Judicial Magistrate, Pali on 25.6.90. However, it was thereafter transferred to Special judge, Essential Commodities Court where record was received on 3.8.93. Again this case was transferred to Additional Sessions Judge, Bali and ultimately it is now pending in the court of Additional Sessions Judge, Bali from 8.12.95. 4. The learned counsel for the petitioner has vehemently argued that the alleged offence was committed on 5.11.80 and the case is pending even after more than 15 years since the complaint was filed in this case. The case has been transferred to one court to another in the District Pali and so far only statement of complainant Navin Chandra has been recorded long back on 2.2.85. The case was adjourned for arguments on charge which was heard on 2.9.90 and charge was framed on 21.9.90. Since then the case is not making any progress at all. The prosecution witnesses have not been served and even on service they have not attended the court. It is, therefore, contended that the petitioner has undergone a lot of mental and physical suffering as well as financial loss during the protracted trial against him for the last more than 15 years. It is argued that the proceedings may be quashed in the interest of justice. 5.
It is, therefore, contended that the petitioner has undergone a lot of mental and physical suffering as well as financial loss during the protracted trial against him for the last more than 15 years. It is argued that the proceedings may be quashed in the interest of justice. 5. I have given my careful consideration to the contentions put forward on behalf of the petitioner for quashing the proceedings. The petitioner did move application raising legal objection against taking cognizance against him by a Special Court but that application was allowed to remain pending for a very long period without any lapse on the part of the petitioner. Now charges have been again framed on 30.9.96 and the case is at the initial stage even after the expiry of 15 years. In the above circumstances, I am inclined to agree with the learned counsel for the petitioner that the petitioner's right to speedy trial has been infringed and in the over all facts and circumstances of the case and the petitioner having suffered mental and physical agony as well as financial loss, the proceedings in my opinion should be quashed in the interest of justice. 6. In the result, this petition is allowed. The proceedings of Criminal Case No. 25/95 (30/83) under Section 3/7, Essential Commodities Act, 1955 against the petitioner pending in the court of Additional Sessions Judge, Bali are hereby quashed.Petition Under section 482 Cr.P.C. Allowed. *******