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Judgment
Pritpal Singh, J.
Two connected petitions (Crl. Misc. No. 1075M and 1177M of 1987) are being disposed of together.
In these two petitions the proceedings pending against the petitioners in the Court of Special Magistrate, Ambala, are sought to be quashed on the ground of inordinate delay in the trial.
The challan was presented before the Court against the petitioners in 1982. It is contended that the case has not been decided even till today i.e. after the lapse of about five years.
No doubt the right of a speedy public trial is fundamental right of a citizen under Article 21 of the Constitution. The trial proceedings can certainly be quashed in violation of Article 21 if it has been callously and inordinately prolonged and the delay is not attributable to the accused. However, in the present case, after going through the order sheet of the trial court, it appears that the prosecution is not responsible for the delay. The proceedings were stayed by the High Court for a considerable period on the petitioner''s revision. In my view, therefore, there is no adequate reason to fix the responsibility of the delay in the trial of the case on the prosecution. It is, thus, not a fit case in which the trial proceedings should be quashed by invoking extraordinary powers under Section 482 of the Code of Criminal Procedure.
Consequently, these petitions are dismissed. The trial Court is, however, directed to make special efforts to dispose of the case against the petitioners with extreme promptitude by giving it special preference. Endeavour should be made by the Court to dispose of this case within three months from today.