Document Fragment View

Matching Fragments

Having regard to the aforesaid law, I have examined the record of the case. The perusal of the file reveals that this is as early as on 22-04-1978,caseFIRNo. 132 for offence Under Section 409/420/467/471 and 477A read with Section 34 RPC came to be registered by the police station Sher-Garhi, Srinagar on the report of one Radha Krishan zaffron, Deputy Director Accounts and Treasuries, Srinagar, alleging inter-alia therein that Shri Mohan Krishan Razdan son of Ved Lal Razdan R/o Barzulla, Srinagar during the period of his incumbency as Account Officer of the State Insurance Section has in his capacity as Drawing and Disbursing Officer embezzled as amount of Rs 264386.32 paisa from 08-12-1973 to 16-01-1978 in connivance of accused No. 2 the petitioner by fraudulent manipulation of document s pertaining to the acts of forgery and showing fictitious disbursements of the amount drawn from the Treasury from time to time during the said period. Annexure- 'A' certified copy of the incomplete challan in the said FIR No. 132 presented before the learned Chief Judicial Magistrate, Srinagar on 17-06-1978 in term of Section 344 Cr.P.C.. seeking postponement of proceedings. Annexure- B is the certified copy of the order recorded by the chief Judicial Magistrate, Srinagar dated 20-10-1978 with respect to said incomplete challan, it reveals that a complete challan has not been produced. Annexure-C is the certified copy of the order of Additional Sessionsjudge, Srinagar dated 17-04-1984 which reveals the date of presentation of complete challanas 05-02-1987 and appear to have been received by the said court of Additional Sessions Judge, Srinagar on 26-06-1987 i.e. to say well after more than a decade the complete challan came to be filed by the prosecution against the accused before the concerned Magistrate. This order further reveals that this police report (challan) came to be returned back to police station Sher-Garhi, Srinagar for further investigation and bifurcation of the challan after holding that, "it is alleged that a sum of Rs. 264386.32 have been embezzled by means of fraud and manipulation of documents, forgery and fictious disbursements from 08-13-1973 to 16-01-1978. the amount so mentioned has been embezzled for anumber of years,the exact date of each embezzlement has not been mentioned in the police report. In view of Section 234 RPC only three charges of the same nature committed with in the period of one year can be framed. Since in the present case the allegation against the accused is that the amount in question was embezzled from 08-12-1973 to 16-01-1978 apparently within four years." It appears subsequently the separate challan with respect to the matter came to be filed before the Learned Addl. Sessions Judge, Srinagar where the same came to be registered as File No. 13 to 21/ Sessions of 11-08-1987, all this is manifest from Annexure-D on the file. It also appears from the record of this case that all these challans have been clubbed together and order sheets are maintained on File No. 13/Sessions. From order dated 18-08-1987, it reveals that "challan has been filed and the same has been entered into the registered concerned. Bail granted in favour of accused by virtue of order dated 07-08-1984 is in force. Mr. Raghunath Koul Advocate seeks opportunity to file vakaltnama on behalf of the accused, same is granted. Defence counsel submits that the accused have not been furnished the copy of the cahallan, APP seeks an opportunity to furnish the same, the same is granted. File to be adjourned to 02-09-1987, 14-09-1987,05-10-1987,20-10-1987,14-11-1987,12-12-1987,15-02-1988, 27-02-1988, 11-03-1988, and 31-03-1988 but the copies in terms of Section 173 cr. P.C.. were never furnished by the prosecution. It appears that after this accused persons which includes the petitioners approached this court for quashing of proceedings Under Section 561-A Cr.P.C. of the said challans, but this court by the virtue of its order dated 06-11-1996 came to reject the application after holding that the petitioners accused have approached this court without moving the trial court where the process of law is being abused. It further appears that petitioners/accused No. 2 approached this court for transfer of said cases from file of the court of Additional Sessions Judge, Srinagar on the ground that he is a migrant from the valley and is presently residing at jammu and it is not possible for him to go and defence his case at Srinagar. This petition came to be accepted by this court on 31-01-2000 and accordingly the said cases came to be transferred from the file of Additional Sessions Judge to the file of the Additional Sessions Judge, Ramban with the direction to the Registry to send copy of the order to the trial court at Srinagar for the transmission of record of all these cases to the transfer court at Ramban. The cases appears to have been received pursuant to this order of this court dated 31-01-2000 passed with respect to transfer application registered as Cr.T.A. No. 131/98. The files came to be received by the Additional Sessions Judge, Ramban on 22-07-2000, on this date the petitioners-accused No.2 was directed to furnish fresh bail and personal bonds and non-bailable warrant of arrest came to be issued against accused No. l From the perusal of interim order dated 12-08-2000, it appears that accused No. 2 came to file an application for dropping proceedings in the said cases instituted against him. The copy of the petition appear to have been furnished to the app. with the direction to the file objections, which he came to file after three months when case came to be spread to as many as four dates of hearings. On 16-12-2000 the trial court came to record an order which inter-alia makes mention of the fact that files were received on 27-07-2000, It is stated by the prosecution that the case diaries and exhibits have not been received from the concerned prosecution branch. It is pursuant to this submission of the prosecution after holding that the submission is in clear violation of the direction of the hon'ble High Court to dispose of the case expeditiously keeping in view the age of the case and came to order sending a copy of this letter to the Inspector General of Police to issue strict instructions to concerned prosecution branch to arrange for case diaries with a separate communication to sessions Judge, Srinagar to direct the APP of his high court to see that case diaries and exhibits are despatched to this court immediately with a further direction that a copy of this order be sent to the Director Prosecution and the case be adjourned to 10-01-2001. On this date after recording its satisfaction that the accused No. 1 has absconded and his availability in near future is not in sight initiated proceedings Under Section 512 Cr.P.C. against him. On this date also, App sought time to produce the case diaries and the exhibits of this case. Order dated21-05-2001 reveals the submission of App. that he is in receipt of case diaries and under takes to furnish copy of the same to the accused during the course of one week and case came to be adjourned to 21-05-2001. On this date petitioner-accused No. 2 submitted before the court that he is in receipt of the copy of the documents but wants to compare the same, file came to be adjourned on 28-05-2001. On this date, the accused made a submission before the court that he has not received copy of the challan and the case came to be adjourned on 27-06-2001. On this date, App made a request and sought opportunity to furnish copy of the documents presumably of the police report, the same was granted and file came to be adjourned to 28-07-2001. On this date, it was pointed out by the trial court that the learned APP has not furnish copy of the documents to the accused, however, he has produced a letter, whereby, prosecution has asked the SSP, Srinagar to produce the said copies before the court. It is observed by the trial court intre-alia in its order dated 28-07-2001 that copies have not been furnished to the accused upto today also. Learned APP has produced letter written by the Director of Prosecution to the address of SSP Srinagar directing him to produce the documents before the court. All this is going from years together. Nobody is going to share the responsibility and the court is not getting proper assistance from the prosecution as a result of which the accused is suffering. Under these circumstances the case is adjourned for hearing the arguments in the application filed by the accused. The case be listed on 12-08-2001. On this date the trial court appear to have heard the petition of the petitioner dated 12-08-2000 for dropping of the proceedings against him in part and observed that App has not produced copy of the documents nor the same have been furnished to the accused as a result of which it can be said that the documents are not with the prosecution, with a further observation that the case being an old shall come up for hearing the arguments about framing of charge. Thereafter on 19-09-2001 arguments appear to have been heard in the case and the file reserved for orders and so for virdict has not been given. It appears that the presiding officer Shri Kuldeep Singh had heard the arguments who despite hearing the arguments and reserving it for orders for more than 5 month did not pronounce the same, for this he owes an explanation to offer. It appears that on 02-05-2002 the present Additional Sessions Judge or the court has adjourned the file for hearing afresh. All this goes to snow that the proceeding in the case in question are pending for the last more than two decades, firstly, a comman incomplete challan with respect to these cases came to be filed before the committal court of learned Chief Judicial Magistrate, Srinagar as early as on 17-06-1978 for the postponement of the investigation in terms of the Section 344 Cr.P.C. in the case when FIR in this behalf came to be registered on 22-04-1974, secondly, it is on 05-02-1987 i.e. well after four years, a complete challan came to be filed before the same court, thirdly, it is on 26-06-1987 that Additional Sessions Judge, Srinagar to whom case came to be committed returned the same to the prosecution for re-investigation and for bifurcation of the challan which came to be filed before the said court on 11-08-1987 and fourthly, the proceeding before the Additional Sessions Judge Srinagar where the cases were pending and thereafter before the learned Additional Sessions Judge, Ramban to whom cases came to be transferred by this court remained pending without any further proceedings up to the date of filling this petition because all these years, the prosecution are failed to furnish copies of the police reports and the documents referred to in Section 173 Cr.P.C. to the accused and also failed to produced the exhibits in the cases before the trial court despite very strong and positive directions issued by the said court from time to time, copies thereof forwarded to the Superior Officer of the prosecution wing and even to IGP, Srinagar. This being so, the petitioner is facing agony of proceedings who appears to have abetted the alleged offenced and has already suffered more punishment that what could be awarded to him it the offences ultimately found to be proved against him. This inordinate delay of pending proceedings of more than two decades can safely be attributed to the prosecution which is both oppressive and unwarranted against the petitioner and it has resulted into infringement of his right of speedy trial flowing from Article 21 of the Constitution of India when he has been seeking this right by approaching this Court earlier in terms of Section 561-A Cr.P.C. and also by approaching trial court for dropping the proceedings in the case in question.