Full Judgment Text
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PETITIONER:
BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION
Vs.
RESPONDENT:
NARENDRA KUMAR MISHRA & ANR.
DATE OF JUDGMENT28/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
MAJMUDAR S.B. (J)
CITATION:
1996 SCC (7) 183 JT 1995 (9) 293
1995 SCALE (6)733
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
It is stated that the first respondent was posted as an
Assistant Godown Manager in the Stores. Within a period of
three months, he committed defalcation of mis-appropriation
of Rs.2,61,859.30. The mis-appropriation of the said amount
took place during the period of 1976 and earlier. A
departmental enquiry commenced on December 12, 1979 and
initially the prosecution was laid in 1985 without obtaining
the sanction. The learned Magistrate discharged the
respondent on the ground that the sanction as required under
Section 197 of the Code of Criminal Procedure, 1973 was not
obtained. In 1991, the sanction was obtained and thereafter
the prosecution was laid. The High Court unfortunately has
interfered with the matter exercising its jurisdiction under
Section 226 on the ground that there was a delay of 15 years
in laying the prosecution. This was most unfortunate that
the High Court would have interfered but having regard to
the distance of time at this stage, it is not appropriate to
interfere with the matter which is at a stage of even
starting of the trial.
Having considered the totality of the fact of abnormal
delay, it is not a fit case for our interference under
Article 136 of the Constitution. We are constrained to
dismiss the appeal on this ground.