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2021 (9) TMI 1351 - HC - Indian LawsFraming of charges - calendar case has been pending from 22 years without any effective progress - collection of substantial sums of money from the public and misappropriating the same - offence under Section 120 (b) IPC read with Sections 420, 409 IPC read with 34 IPC - HELD THAT:- The present prosecution is for a wider range of offences and it is seen that it involves 2077 depositors who claim that a sum of ₹ 42,48,81,169/- had been collected. The actual role of the present petitioner can be examined only when the evidence is analyzed. It is a fact that the matter has been pending for the past 22 years, but as pointed out by the Constitution Bench, the reasons for the delay will have to be examined. The prosecution has claimed justification stating that some accused had died, some accused are absconding, one of the accused has gone abroad and such other factors. The prosecution cannot commence the trial if the accused make a determined effort to scuttle the trial process by alternatively absconding themselves. The accused will then have to face the consequences of delay in the trial process - every accused has a right of speedy trial and unwarranted delay violates the fundamental right guaranteed Article 21 of the Constitution of India. But at the same time, it must also be examined whether the accused were either directly or indirectly the reasons for such delay. The learned Chief Metropolitan Magistrate, may carefully examine there is a deliberate attempt being made by the accused to absent themselves in turns from appearing before the Court. The learned Chief Metropolitan Magistrate, may then exercise the resort to Section 309 Cr.P.C. - Petition dismissed.
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