P.C.Singla vs State of Punjab

G. S. Chahal, J. (Oral)

Dr. P. C. Singla, through this petition under Section 482 Cr.P.C. seeks quashing of the criminal proceedings pending in the court of Chief Judicial Magistrate, Bhatinda, arising out of the challan presented with respect to FIR No. 51 dated 10.9.1982, Police Station Thermal Plant, Bhatinda, under Sections 420, 468, 471 and 120B of the Indian Penal Code.

Darshan Singh peon employed in the G.N.D. Thermal Plant Bhatinda is alleged to have procured false prescriptions for himself and his dependents from Dr. P. C. Singla petitioner, who was then working in Paras Ram Nagar Dispensary and Mr. K. C. Gautam, Ayurvedic Dispensary, Anaj Mandi, Bathinda, on the basis of these prescriptions he got issued false slips from the chemists and prepared false bills. One of the voucher was No. 329 dated 10th January, 1980 amounting to Rs. 580.75P. These medicines were allegedly purchased on the basis of slip No. 20229 dated 14th December 1979, slip No. 19503 dated 1.12.1979 and slip No. 19254 dated 28.11.1979, which are stated to have been issued by the petitioner. These claims for reimbursement were alleged to have been made falsely and the false bill was passed. Darshan Singh peon never availed of any leave and his children never absented from the school on the relevant dates. Further that there was Government Hospital, in the Thermal Plant Bhatinda and there was no reason for him to go to the other dispensary.

The petitioner was earlier tried on similar facts with respect to certain reimbursement claims by the other employees of the Thermal Plant and in all there were thirty challans and the petitioner stood trial and was ultimately acquitted. Affidavit dated 6th December 1991 of the petitioner give the details.

The factual position is not disputed. The DAG claims that simply because the petitioner had been earlier acquitted, his acquitted is not a cause for quashing of these proceedings. Admittedly, the challan relates to the FIR registered on 10th December 1982 and after investigation on the basis of this first information report, 30 challans had been put in court. It was subsequent to the decision of these challans that the impugned report under Section 173 Cr.P.C. was put in court.

In the return it has been stated that the challan was put in court after thoroughly scrutinising the evidence. It gives no credit to the State to have slept over the matter with respect to a particular item for 9 years regarding which the investigation was carried out and the challan was put in Court.

I find force in the contention of the learned counsel that even a criminal should have piece of mind at some moment of time. The right of speedy trial was accepted in a Full Bench decision of the Patna High Court, reported as Madhashwardhari Singh and another v. State of Bihar, 1986 Crl.L.J. 1771, wherein their Lordships held that the right of a speedy trial is now an inalienable fundamental right of a citizen under Article 21 of the Constitution of India. The delay of seven years in an investigation and trial in a criminal case is the outer limit for concluding the proceedings in cases which are not punishable with imprisonment for life or death.

6A. In Balwant Singh v. State of Haryana, 1991 PAP J.S. Sekhon, J. and in Dharam Pal v. State of Haryana, 1990 PAP 140, S.S. Grewal, J. quashed the proceedings due to inordinate delay in completion of the trial.

I am of the view that the proposition contained in the above quoted authorities apply with full force to the present case. The petitioner has stood trial in 30 challans which ultimately ended in acquittal and filing of a fresh challan with respect to another one item after delay of nine years has to be described to be an abuse of process of the court.

I hereby accept this petition and quash the impugned report under Section 173, Cr.P.C. relating to FIR No. 51 dated 10.9.1982, registered at Police Station Thermal Bhatinda and all consequent proceedings.