'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.

Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet and entire case proceedings under Section 39/49B of the Electricity Act pending against him.

"In case at hand, from the perusal of the record it appears that the inordinate delay in completion of the trial cannot be attributed to the accused applicant as order-sheet suggests that he is regularly attending the court either in person or through his counsel and trial of the case relates to Section 39/49B of Electricity Act, which cannot be said to be a heinous crime and trial of the same is pending since the year 2004 i.e. for last about 18 years and prosecution failed to provide any exceptional circumstance to condone such inordinate delay. Therefore, unexplained inordinate delay of 18 years should be termed as oppressive and unwarranted."

The accused had moved the High Court seeking quashing of the proceedings by submitting that the case is pending against him for the last about 18 years and although the FIR of the present case was lodged in the year 2003 and the charge sheet was submitted in December 2003 and cognizance was taken in February 2004 but even till date even charges could not be framed and even original FIR is not on record.

It was further argued that the right of speedy trial is a fundamental right of an accused as well as of complainant guaranteed under Article 21 of the Constitution of India and for the last about 18 years, he is facing the agony of criminal trial without any fault and proceeding of the present matter is pending for last about two decades.

On the other hand, although the counsel for the State and the U.P. Power Corporation opposed the prayer of the accused, however, they could not dispute the fact that the applicant is facing the agony of a criminal trial under Section 39/49B Electricity Act since the year 2004.

In view of this, at the outset, the Court noted that the trial of the present case is pending against the applicant since the year 2004 and more than 18 years have passed but to date, even charges could not be framed, despite the fact that the applicant is regularly attending the court either in person or through his counsel.

Further, the Court also referred to Apex Court in the case of Hussainara Khatoon and others Vs. Home Secretary State of Bihar AIR 1979 SC 1360 wherein it was observed that violation of the right of speedy trial is the violation of the fundamental right guaranteed under Article 21 of the Constitution of India.

Significantly, the Court also referred to the Top Court's judgment in the case of Vakil Prasad Singh Vs. State of Bihar (2009) 3 SCC 355, wherein it was held that if the Court comes to the conclusion that the right to speedy trial of the accused has been infringed, the charges or the conviction as the case may be, maybe quashed unless the Court feels that having regard to the nature of offence and other relevant circumstances quashing of the proceedings may not be in the interest of justice.

Consequently, finding merits in the case of the applicant, the Court quashed the proceedings while stressing that the delay in the trial was not attributable to the accused applicant.

Appearances

Counsel for Applicant: Bhanu Bhushan Jauhari, Rishi Bhushan Jauhari

Counsel for Opposite Party: G.A., Mukesh Kumar Singh 

Case title - Madan Mohan Saxena vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 23675 of 2022]

Case Citation: 2023 LiveLaw (AB) 29

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