Trial pending for 43 years, HC quashes theft case against man
Kolkata: Observing that the trial is pending for 43 years violating Article 21 (right to speedy trial), the Calcutta High Court quashed an alleged Railway property theft case against a man.
The bench of Justice Ajay Kumar Gupta was moved by the petitioner seeking for quashing of the pending criminal case against him under Railway Property (Unlawful Possession) Act. A complaint was filed on July 10, 1982 alleging that Railway properties, suspected to be stolen, were seized from the shop-cum-godown of the petitioner during a search. Section 245 (3) CrPC, introduced via West Bengal Amendment Act, 1988 (effective May 2, 1989) mandated discharge if prosecution evidence is not produced within four years from the accused’s appearance, unless prosecution justifies continuation for special reasons. The petitioner’s counsel argued that prosecution failed to frame charges within the stipulated four years from the accused’s appearance (1982) or the amendment’s effective date. Charges were framed only in 1994, and no evidence post-charge was concluded by 2010. The 43-year delay constituted a miscarriage of justice and violated Article 21. The opposite party’s counsel argued that properties worth Rs 5000 were recovered without valid documentation. The delay was due to the stay order (1994-2003) obtained by petitioners, making Section 245 (3) inapplicable. Three witnesses were examined post charge, and the four-year period should be counted from charge framing date (1994). The court observed that the amendment is prospective, applying to cases pending on May 2, 1989, where evidence remains incomplete. In this case, evidence before the charge took five years post-amendment (1989-1994), violating the four-year limit.
Further, the trial, pending for 43 years, lacked sufficient cause for delay. Even excluding the stay period (1994-2003), the prosecution’s failure to expedite the trial post-2003 resulted in a delay of over three decades. This violated Article 21, the court observed.
