Supreme Court · 1998 INSC 384 · Decided 8 October 1998
Raj Deo Sharma v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 1998 INSC 384 · [1998] SUPP. 2 S.C.R. 130
- Case number
- CIVIL APPEAL No. 1045/1998
- Decided
- 8 October 1998
- Bench
- M.M. PUNCHHI, K.T. THOMAS, M. SRINIVASAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 309(1); Constitution Article 21; Prevention of Corruption Act Section 5(1)(e)
Headnote
Constitution of India, 1950 : Article 21. Right to speedy trial-FIR lodged thirteen long years ago-Prosecution c examined three witnesses out of forty witnesses-Petition for quashing entire prosecution including FIR-Rejected-On appeal, held, right to speedy trial flows from Article 21 and it in A.R. Antulay's case supplemented by additional directions-Prevention of Corruption Act, D 1947 : Section 5(2) read with Section 5(/)(e). Criminal Procedure Code, 1973 : Section 309(1)-Power of Magistrate to close the prosecution-Held, Magistrate can close the prosecution if witnesses are not
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