Supreme Court · 2001 INSC 506 · Decided 12 October 2001
Mahendra Lal Das v. State of Bihar and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 506 · [2001] SUPP. 4 S.C.R. 157
- Case number
- CRIMINAL APPEAL No. 1038/2001
- Decided
- 12 October 2001
- Bench
- M.B. SHAH, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 21; Prevention of Corruption Act Section 5(J)(e), 5(2)
Headnote
Prevention of Corruption Act, 1947-Sections 5(J)(e) and 5(2)-FIR lodged-Non-grant of sanction and non-initiation of prosecution even after 12 years of lodging FIR-Opinion of Government authorities that sanction could be futile-Failure of prosecution to explain the delay-Quashing of proceed­ material but speedy justice is the mandate of Constitution-Right to speedy trial encompasses all the stages viz. Investigation, enquiry, trial, appeal, revision and retrial-inordinate long delay can be taken as proof of prejudice-Constitution of India, 1950-Section 21. FIR was lodged against
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