Case Note & Summary
The petitioner, Bimal V. Bhatt, was one of the directors of the National Cooperative Bank Ltd. and was arraigned as accused no.2 along with his father V.D. Bhatt in three criminal cases (Criminal Case Nos.89/P/2000, 89/B/P/2000, and 89/A/P/2000) pending before the Metropolitan Magistrate, 19th Court, Mumbai. The cases pertained to alleged offences in the conduct of the bank's affairs. The petitioner filed applications for discharge in 1991 on the ground that the material on record was insufficient to establish the allegations against him. While those applications were being heard on 22.2.1994, the learned APP requested an order for further investigation under Section 173(8) of the Criminal Procedure Code, which was granted. However, no further progress was made thereafter, and the cases remained pending for about 18 years. The petitioner then approached the High Court by way of three petitions (Criminal Appeal No.599 of 2005, Criminal Writ Petition No.600 of 2005, and Criminal Writ Petition No.601 of 2005) seeking quashing of the proceedings on the ground of inordinate delay. The court, after hearing the parties, held that the delay of about 18 years in concluding the trial was inordinate and without any justification, thereby violating the petitioner's fundamental right to speedy trial under Article 21 of the Constitution of India. The court further held that the continuation of such proceedings would be an abuse of the process of court. Accordingly, the court allowed the petitions, quashed the proceedings in all three cases, and discharged the petitioner. The rule was made absolute in all petitions.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Inordinate Delay - Right to Speedy Trial - Article 21 of the Constitution of India - The petitioner, a director of a cooperative bank, sought quashing of criminal cases pending for about 18 years on the ground of delay. The court held that such inordinate delay without any justification violates the fundamental right to speedy trial under Article 21, and the proceedings are liable to be quashed as an abuse of process of court. (Paras 1-3) B) Criminal Procedure - Further Investigation - Section 173(8) of the Code of Criminal Procedure, 1973 - The court noted that the prosecution sought and obtained an order for further investigation under Section 173(8) CrPC in 1994, but no progress was made thereafter, contributing to the delay. (Para 3)
Issue of Consideration
Whether criminal proceedings pending for about 18 years without conclusion should be quashed on the ground of delay, violating the petitioner's right to speedy trial under Article 21 of the Constitution of India.
Final Decision
The court allowed the petitions, quashed the proceedings in Criminal Case Nos.89/P/2000, 89/B/P/2000, and 89/A/P/2000 pending before the Metropolitan Magistrate, 19th Court, Mumbai, and discharged the petitioner. Rule made absolute in all petitions.
Law Points
- Right to speedy trial under Article 21 of the Constitution of India
- Inordinate delay in criminal proceedings
- Abuse of process of court
- Quashing of proceedings under Section 482 CrPC
