State by the Inspector of Police, CS CID, Tiruppur District v. Nizamudin @ Nizam
2015-12-18
P.DEVADASS
body2015
DigiLaw.ai
JUDGMENT : This petition by the prosecution is to cancel the anticipatory bail granted to the respondent/accused. 2. On 22.11.2013 in Crl.O.P.No.28894 of 2013, anticipatory bail was granted to the petitioner imposing certain conditions. One of the condition is that he should appear before the respondent police twice a week at 10.30 a.m. until further orders. 3. Prosecution filed this petition to cancel the said anticipatory bail order on the ground that the respondent/accused had failed to appear before the police as directed. 4. The learned Additional Public Prosecutor would submit that investigation has been completed and final report also has been filed before the learned Judicial Magistrate No.IV, Coimbatore as early as on 30.4.2014. He would submit that now prosecution is not concerned with the cancellation of anticipatory bail but it is very much concerned with the progress being made in this case. He would submit that as on date no further action on the final report has been taken by the trial Court. 5. The learned counsel for the respondent/accused submits that respondent is ready to participate in the trial Court proceedings. 6. I have anxiously considered the submissions of the learned counsels and also perused the materials on record. 7. Now, the request for cancellation of anticipatory bail lost significance, however, another aspect gained significance. 8. This Court is bewildered by the submission of the learned Additional Public Prosecutor that though final report has been filed before the learned Judicial Magistrate No.IV, Coimbatore on 30.4.2014 itself, till date, no action thereon was taken by the trial Court. 9. By not taking cognizance, not only prosecution but also the right of the accused is infringed. Now, prosecution is not in a position to produce its witnesses and the right of the accused is get affected because as trial of the case has not yet been started. Now, he did not have the opportunity to prove his innocence. His right to speedy trial/justice has been violated. 10. Now, it is well established that Article 21, Constitution of India includes right to speedy trial/justice. It has become a fundamental Right of the accused. But this right is available not only to the accused it is available also to the prosecution and victim.
His right to speedy trial/justice has been violated. 10. Now, it is well established that Article 21, Constitution of India includes right to speedy trial/justice. It has become a fundamental Right of the accused. But this right is available not only to the accused it is available also to the prosecution and victim. Accused is entitled to know quickly whether he is guilty or not guilty and prosecution, victim is also entitled to know quickly the result of the case given by him against the accused. So right to speedy trial/justice is important to both. But this right can be availed of only through Court as speedy trial can be afforded only by the Court. 11. Implementation of the said right is mainly imposed on the Courts. In this case, if the final report as stated by the prosecution is filed on 30.4.2014 and till date no C.C. Number has been assigned, certainly it will make inroad into the right to speedy trial/justice of both the stakeholders in the administration of criminal justice 12. The Chief Metropolitan Magistrate/Chief Judicial Magistrates as the case may be, who are heads of Criminal Unit in a District wields enormous administrative and supervisory power. They have the power to inspect the records of the criminal Courts in their unit. They are empowered to issue suitable directions to the Metropolitan/Judicial Magistrates to take further action on the Final Reports filed by the police without undue delay. 13. Generally, 3 days time is more than sufficient for taking further action on the Final Reports filed by the prosecution. In some cases, if the records produced by the prosecution is voluminous or it is a complicated and time consuming case, then some more time can be taken. The present case is a simple, routine criminal case. But, according to the prosecution, Final Report has been filed on 30.4.2014. It was 1½ years ago. But still no further action on the Report was taken. This is not proper. 14.
The present case is a simple, routine criminal case. But, according to the prosecution, Final Report has been filed on 30.4.2014. It was 1½ years ago. But still no further action on the Report was taken. This is not proper. 14. In the circumstances, ordered as under: (1) The learned Chief Judicial Magistrate, Coimbatore is directed to verify whether further action has been taken on the Final Report filed by the Inspector of Police, Civil Supplies Corporation C.I.D. in Cr.No.329 of 2013, if not taken so far, he shall issue necessary direction to the learned Judicial Magistrate No.IV, Coimbatore and an action taken report shall be submitted to the Registrar (Judicial) of this Court through the Principal Sessions Judge, Coimbatore. (2) Further, the learned Chief Judicial Magistrate, Coimbatore shall ensure that Final Reports filed in the Magistrate Courts in his Unit shall not be kept pending unreasonably for a long time. (3) Accordingly, this Criminal Original petition is disposed of.