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1. The petitioner Bipin Bihari Das has filed this application under Section 482, Criminal Procedure Code against the State of Orissa, the Sub-divisional Judicial Magistrate, Koraput and the Officer-in-charge, Town Police Station, Koraput with the prayer to quash the proceeding in C.R. Case No. 590 of 1989 pending before the S.D. J.M., Koraput. The sole ground on which quashing of the proceeding is sought is delay on the part of the police in completing the investigation.

2. The relevant facts stated in the application may be stated thus:

The petitioner is an advocate practising at Koraput. He is the Secretary of a voluntary registered organisation known as "Naya Sahayak Samiti" through which legal aid and advice has been rendered to litigants belonging to weaker section of society; certain developmental activities have been undertaken to improve the lot of people belonging to scheduled caste and scheduled tribe communities, a tribal model school is managed by the Samiti. By letter dated 3-10-89 (An-nexure4) of the District Small Savings Officer, Koraput to the Officer-in-charge, Koraput Town Police Station a complaint was made that huge amount of money had been swindled by certain persons noted in the statement enclosed to the letter from the tribal people while withdrawing amounts from post office. It was further stated in the said letter that the Government had granted compensation to the tribal people whose lands and houses were submerged in the reservoir of upper kolab project; the amounts sanctioned were deposited in savings bank accounts in Koraput Head Post Office in the names of beneficiaries and the pass books were handed over to them; when the beneficiaries tried to withdraw the amounts from their accounts the persons named in the letter in collusion with employees of the postal department and others illegally collected huge amounts and thereby the illiterate tribals (beneficiaries) were cheated and exploited. The names of the beneficiaries who were cheated were also noted in the statement enclosed to the letter along with dates of alleged incident.

It is the case of the petitioner that though more than two years have elapsed since receipt of the letter by the police and investigation has been made no final form has yet been submitted under Section 173, Criminal Procedure Code. It is the further case of the petitioner that similar allegations had been made earlier by the District Small Savings Officer, Koraput vide his letter dated 6-9-86 to the Officer-in-charge, Sadar Police Station, Koraput (Annexure 1), by the Collector, Koraput vide his letter dated 8-9-86 to the Superintendent of Police, Koraput (Annexure 2) and the District Small Savings Officer, Koraput vide his letter dated 1-10-86 to the Officer-in-charge, Town Police Station, Koraput (Annexure 3). On enquiry by the police the allegations were found to be false. The petitioner contends that due to the allegations made by the officials of the District administration and other public officers, Naya Sahayak Samiti is being deprived of financial assistance from the Government which is evident from the letter dated 17-6-86 of the Addl. District Magistrate, Koraput to the Commissioner-cum-Secretary, Harijan and Tribal Welfare Department, Bhubaneswar (Annexure 5) and the letter dated 29-2-88 of the Commissioner-cum-Secretary to Government in Harijan and Tribal Welfare Department to the Collector, Koraput vide Annexure 6. On the above averments/ contentions the petitioner seeks to quash the F.I.R. the investigation and the criminal proceeding.

3. The sole contention raised by Shri Behera, learned counsel for the petitioner was that Section 173(1), Cr.P.C. mandates that every investigation under Chapter XII shall be completed without unnecessary delay and since the said statutory mandate has been violated by the investigating agency in this case the proceeding is liable to be quashed.

4. In view of the above submission of the learned counsel for the petitioner, the learned Addl. Standing Counsel appearing for the opposite parties parties was directed to take instructions from the opposite parties, particularly Investigating Officer. Thereafter an affidavit was filed by Shri Raghubir Singh, the Investigating Officer of the case in question (Town P. S. Case No. 142 of 1989 under Section 402/ 34,I.P.C.). Therein it is averred, inter alia, that basing on the F.I.R. dated 3-10-89 the case has been instituted against the petitioner and others under Section 420/34, I.P.C. The allegations against the accused persons are, inter alia, that they have cheated as many as 133 beneficiaries of eight submerged villages. Out of the said beneficiaries 80 beneficiaries have already been examined and the balance 53 beneficiaries are yet to be examined; since the beneficiaries have settled at different places in Koraput district steps are being taken to trace them out. Requisitions have been issued to the Land Acquisition Officer and to the Settlement Officer to cause production of certain relevant documents relating to the cases of the beneficiaries. The documents are yet to be received. It is also stated in the affidavit that there are 43 other cheating cases connected with the present case and therein attempt is being made to seize the relevant documents. Of the two mediators, viz. Prasad Sundhi and Sankarsan Palti, Prasad Sundhi has been examined and Sankarsan Pati is yet to be examined since he is not available at Koraput and is reported to be living in Dhenkanal district. Explaining the reason for delay it is stated by the deponent that due to frequent transfer of Investigating Officers the investigation could not be completed and it is expected to be completed within four to five months.