Judgment Navin Sinha, J. 1. This application has been filed for quashing the order dated 5.4.2002 passed by the Judicial Magistrate, Second Class. Buxar in Buxar PS Case No. 371/93. By the said order the Magistrate has rejected the application for discharge preferred by the petitioner on the ground that no case was made out under Sec. 323, Indian Penal Code, 1860 . 2. The present prosecution in Buxar PS Case No. 371/93 was lodged on 17.12.1993 under Secs. 323 and 379 of the Indian Penal Code, 1860. The final report was submitted on 3.1.1994 u/s. 323, Indian Penal Code, 1860 only. The allegations as mentioned in the FIR relate to slapping and fisticuffs. The Magistrate accordingly then took cognizance on 12.8.1994 u/s. 323, Indian Penal Code, 1860 only. 3. The learned Counsel for the petitioner submits that the prosecution was instituted on 17.12.1993. The final report was submitted on 3.1.1994. The Court then took cognizance on 12.8.1994. The prosecution has therefore remained pending since 1993 till the year 2004 and the trial is yet to commence. It would be apparent from the order dated 5.4.2002 that the accused are still to be given documents before commencement of trial. The learned Counsel submits that the fundamental right of the petitioner under Art. 21 of the Constitution to a speedy trial thus stood violated. 4. This is a petty case u/s. 323, Indian Penal Code, 1860 only. In view of the law laid down by the Supreme Court in 2002 (4) SCC 578 , this Court opines that in the facts and circumstances of the present case the undue tardy progress of the case has prejudiced the petitioner by violation of his fundamental right of speedy trial guaranteed under Art. 21 of the Constitution of India. In the said case the Supreme Court has held that in so far as this ground is concerned it would depend on the facts, circumstances and allegations of each case. 5. In the facts and circumstance of the present case, the nature of the delay, absence of the accused in contribution of delay, the petty nature of the offence involved and the stage at. which the case still remains pending after over ten years, this Court is of the opinion that the fundamental right of the petitioner to speedy trial under Art. 21 of the Constitution stands violated. 6. which the case still remains pending after over ten years, this Court is of the opinion that the fundamental right of the petitioner to speedy trial under Art. 21 of the Constitution stands violated. 6. For the reasons as aforesaid, the prosecution of the petitioner in Buxar PS Case. No. 371/93 u/s. 323, Indian Penal Code, 1860 is therefore quashed. 7. This application is allowed.