IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.227 of 2008 AWANISH KUMAR SINGH Versus STATE OF BIHAR & ANR ----------- 2 21.01.2009. Heard learned counsel for the parties. Petitioner has come to this court for quashing of entire criminal prosecution of Dhaka Police Station case no. 135 of 1990, pending for last 17 years before the SDJM, Sikrahna at Motihari on the allegation that he being MLA of a political party led a procession of 142 named persons in violation of order dated 22.10.1990, passed by SDO, Sikarhna under section 144 Cr.P.C. It is submitted on behalf of the petitioner that pursuant to charge sheet, cognizance of offence under section 188 I.P.C. was taken by SDJM vide his order dated 7.8.1991 and summons were issued for appearance of the accused persons. It is further submitted that for such petty offence, altogether 142 persons are facing rigours of court process for last seventeen years. It appears that a large number of persons are facing proceeding under section 188 Cr.P.C. since last 17 years for an offence visited with a sentence which entails punishment for simple imprisonment for a month or fine amounting to Rs.2000/- and such long drawn proceeding affect the right of speedy trial enshrined in Article 21 of the Constitution. Having heard the parties and taking into account the facts and circumstances of the case, I quash the criminal prosecution of Dhaka Police Station case no. 135 of 1990, pending in the court of SDJM, Sikrahna at Motihari being violative of Article 21 of the Constitution of India. The writ petition stands allowed. Shashi. (S.P.Singh,J).