Judgment 1. This application by the sole petitioner is for quashing the entire proceeding against him in G.R. No. 1362 of 1985 arising out of Cheriya Bariyarpur P.S. Case No. 79/85. 2. The fact, in short giving rise to this application is that on 6-7-1985 on the basis of a written report dated 29-8-1983 submitted by the then Deputy Development Commissioner, Begusarai, Cheriya Bariyarpur P.S. Case No. 79/85 was instituted against the petitioner and others under Secs. 120(B), 420, 467, 468 and 409. I.P.C. With the report a petition filed by some pension-holders and villagers was attached in which it was stated that on 25-5-1982 the petitioner who at the relevant time was posted as Block Development Officer of Cheriya Bariyarpur Block came to the house of one Jagdish Mahto the then Mukhiya of Kumbhi Gram Panchayat for distribution the old-age pension which was distributed but instead of Rs. 180.00 only a sum of Rs. 90.00 was paid to each of pension-holders. It was further reported that a committee constituted by Panchayat Samiti had submitted a report to the effect that there had been misappropriation in distribution of old-age pension but no action on that report was taken. After investigation charge-sheet against some other co-accused persons was submitted who were put on trial and were acquitted by the Court below on 10-4-1991. So far as the case of petitioner and one another co-accused Nageshwar Singh is concerned, the police when submitted charge-sheet against other coaccused- persons reported that sanction order for their prosecution had not been received and supplementary charge-sheet will be submitted against them after receipt of the sanction order. According to the petitioner, neither any sanction order has been passed nor police has submitted report of investigation against him and the case is pending for receipt of final form. 3. Learned counsel appearing on behalf of the petitioner has submitted that the occurrence is said to be of 25-5-1982, FIR was lodged on 6-7-1985 and after investigation some of the co-accused-persons were charge-sheeted and were put on trial and have already been acquitted by the Court below on 10-4-1991 but the case of the petitioner is still pending since last 15 years for report of investigation which has caused considerable harassment to the petitioner and has infringed the right of petitioner to speedy trial. Prayer has been made for quashing the entire criminal proceeding against the petitioner. 4.
Prayer has been made for quashing the entire criminal proceeding against the petitioner. 4. From the certified copies of the order-sheets of the Court below filed by the petitioner it appears that some of the co-accused-persons against whom charge-sheet was earlier submitted were, after trial, acquitted on 10-4-1991. It further appears that in that charge-sheet it was mentioned that so far as the case of petitioner and co-accused Nageshwar Prasad is concerned the supplementary charge-sheet will be submitted after receipt of the sanction order, Copies of order-sheets further show that the case is still pending against the petitioner for receipt of final form and on a number of occasions the Court below had reminded to officer-incharge of concerned police station for submitted final form. On one occasion the officer-in-charge of Cheriya Bariyarpur Police Station by his letter dated 24-3-1993 informed the Court that no record of Cheriya Bariyarpur P.S. Case No. 79/85 was pending in his police station and so far as sanction order in respect of petitioner is concerned inquiry may be held from the crime section of the office of the Superintendent of Police. The Court then wrote to the Superintendent of Police, Begusarai, also but no reply was received. When the petitioner filed application in this Court, the learned counsel appearing on behalf of the State prayed for time to seek instructions and to file counter-affidavit and two weeks time was granted for this purpose by order dated 20-1-2000 with observation that no further adjournment will be allowed. Again on 10-3-2000, this Court granted another two weeks time to the State to file counter-affidavit with an observation that no further adjournment will be allowed but in spite of it again by order dated 30-3-2000 two weeks time for see/king instruction was granted to the State but no counter-affidavit has been filed. From these facts, it appears that the prosecution is not taking any interest and is sitting tight over the matter and this case been pending only for obtaining sanction order since last about 15 years. In absence of any response by State in spite of opportunities given to it, it is not known when the decision on the point of sanction will be taken and investigation against the petitioner will be complete.
In absence of any response by State in spite of opportunities given to it, it is not known when the decision on the point of sanction will be taken and investigation against the petitioner will be complete. It is really a matter of great concern that investigation against some of the co-accused-persons was complete who after trial have been acquitted way back in the year 1991 but the investigation against the petitioner is pending only on account of sanction for prosecution. This Court is quite aware of the fact that for every delay by prosecution in a criminal case the only, remedy is not to quash the entire proceeding but in the present case, the non cooperative attitude of the prosecution has kept the Court in complete dark to know the reasons about the delay in deciding the matter in respect of sanction of prosecution. This Court is now left with no option but to hold that continuance of criminal proceeding against the petitioner in the present case will amount to abuse of process of the Court. 5. In the result, this application is allowed and the entire criminal proceeding of G.R. No. 1362/85 arising out of Cheriya Bariyarpur P.S. Case. No. 79/85 is quashed.