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1 - 10 of 18 (0.43 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
S.G. Nain vs Union Of India on 2 August, 1991
3. The Ld. counsel of the petitioner submitted that the cognizance of the
offence was taken by the Ld. trial court long back in the year 1994, however
Crl.M.C. 2592/2011 Page 2 of 8
the charges are yet to be framed against the petitioner. The matter has been
pending for 17 years now in the trial Court, however, the delay cannot be
attributed to the petitioner. It is further submitted that inordinate delay in the
trial amounts to an infringement of the fundamental right of the petitioner to
a speedy trial and this Court ought to quash the FIR qua the petitioner. The
counsel relies upon various judgments of this court as well as the Hon'ble
Supreme Court namely Kamaldin & Ors v. CBI 2012, (1) JCC 51,
Karambir Singh v. CBI, 2012 (1) JCC 12, A.R. Antulay & Ors. v. R.S.
Nayak & Ors, 1992 (1) SCC 225, Madheshwardhari Singh & Anr. v.
State of Bihar, AIR 1986 Patna 324, Vakil Prasad Singh v. State of
Bihar, 2009 (2) JCC 855, S.G. Nain v. UOI, AIR 1992 SC 603,
Bishwanath Prasad Singh v. State, 1994 CriLJ 242 SC & T.J. Stephen v.
M/s Parle Bottling, AIR 1988 SC 994 to contend that the petitioner ought
not to bear the agony of a protracted trial and has prayed for quashing of the
FIR qua the petitioner.