TMI Blog2021 (9) TMI 1351X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India and such trial proceedings can be terminated. The petitioner also stated that he had resigned from the post of Director of Anubhav Agro Housing Developers / one of Anubhav Group of Companies as on 16.09.1996. It is claimed that he was also acquitted by the Additional Chief Metropolitan Magistrate, E.O.I Egmore, Chennai on 19.11.2010 in another case arising out of Companies Act, 1956. It is also claimed that no criminal liability can be fastened on the petitioner. It had therefore been stated that further proceedings in C.C.No.1067 of 1999 pending on the file of the learned Chief Metropolitan Magistrate Egmore, Chennai, should be quashed insofar as the present petitioner is concerned. 3. A counter had been filed by the Invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai and Nirmala Krishnamurthy, Assistant Inspection Officer, Office of the Regional Director of Inspection and Investigation, Department of Company Affairs, Shastri Bhavan, Nungambakkam, Chennai, also revealed that the petitioner was one of the Directors of the company and was involved with the transactions complained of. It had been further stated that the accused persons had resorted to filing various petitions before the Trial Court and High Court. There were also death of eight accused. There were also NWBs pending against three accused. Moreover, three accused had also been discharged from the charges. One of the accused is in abroad. Two of the accused have obtained orders to dispense with personal appearance. The present petitioner wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut that the allegations are the same in the instant case also and since a specific finding had been given that the petitioner was called director only for name sake, forcing the petitioner to face criminal trial for an endless period of years would be a violation of the right guaranteed under Article 21 of the Constitution of India. 9. In this connection, the learned counsel also relied on a judgment of the Constitution Bench of the Hon ble Supreme Court in P.Ramachandra Rao Vs. State of Karnataka reported in 2002 SCC (Cri) 830, wherein, it had been held as follows: 28. ..... The test is whether the proceedings or trial has remained pending for such a length of time that the inordinate delay can legitimately be called oppressive and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that C.C.No.1067 of 1999 is pending on the file of the Chief Metropolitan Magistrate, Egmore, Chennai for the past nearly 22 years. The petitioner herein has been arrayed as A12. The total number of accused now arrayed before the Trial Court are Twenty Four. Eight accused have died. Three accused had been discharged from charges. NBWs are pending against A13, A14 and A18. One of the accused A21 is in abroad. Among the accused, A9 and A17 have obtained orders dispensing with their personal appearance. Only A1, A2, A3, A4, A8 and A12 (petitioner) and A15 are physically appearing before the Court and even they are filing petitions under Section 317 Cr.P.C., from 28.06.2012. 13. There are statements recorded indicating that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght 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. 17.Taking into consideration, the magnitude of the offence involved, I am not inclined to quash the proceeding even though, the calendar case has been pending for a considerable number of years. I would however give the following directions to the learned Chief Metropolitan Magistrate, Egmore, Chennai: i). 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 Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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