IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18100 of 2010 1. NOOR MOHAMAD, SON OF MD. SALAM 2. LAIKA KHATOON, DAUGHTER OF NOOR MOHAMMAD 3. JEENAT KHATOON, WIFE OF MD. JAMIL 4. LAL MOHAMMAD @ SAFI, SON OF MD. BAKARI SALAM 5. MD. SHAMSHAD, SON OF MD. RAHMAN 6. MD. JAMIL, SON OF MD. SALIM ALL 1 TO 6 ARE RESIDENT OF EAST PAKISTAN (BANGALADESH) PRESENTLY RESIDING AT VILLAGE KASBA, P.S. BALLIA, DISTT. BEGUSARAI. ----- PETITIONERS. Versus THE STATE OF BIHAR ----OPPOSITE PARTY. ----------- 2. 27.1.2011 Heard the parties. The petitioners seek quashing of the order dated 19.6.2008 passed in Ballia P.S. Case No. 06 of 1980 by which cognizance has been taken under Sections 13/14 of Foreigners Act, under Section 3 of the Indian Passport Act and also under Section 6 of the Indian Passport Rules. The prosecution case is that the petitioners were found residing in Ballia, even though, they were of foreign origin and have without valid passport. It has been submitted that the case was instituted on 13.4.1980 but charge sheet was submitted only on 19.10.2007 i.e. more than 27 years later and cognizance have been taken one year later i.e. 28 years later. Considering that speedy trial is the constitutional right of every person who is residing within the jurisdiction of India and the petitioners are admittedly still residing in India since their Vakalatnama states so, I am inclined to quash the 2 entire proceeding of Ballia P.S. Case No. 06 of 1980 including the order dated 19.6.2008 passed by Chief Judicial Magistrate, Begusarai. The application stands allowed. S.Ali ( Anjana Prakash, J.)