DIWAN NAUBAT RAI DIWAN NAUBAT RAI Vs. STATE

JUDGEMENT

(1.) The prayer in the writ petition is for quashing of the proceedings in a case arising out of First Information Report No. 472 dated 3rd May, 1978 under S. 448, I.P.C. P. S. Moti Nagar pending in the Court of Shri S. P. Singh Choudhary, Additional Sessions Judge whereas the prayer in the miscellaneous petitions is for initiating contempt proceedings against (1) State through Administrator, Delhi Administration (2) Shri R. K. Sharma, Inspector General of Police, Goa, and (3) Shri Ajai Chadha, Deputy Commissioner of Police (West Zone), New Delhi. On these writ petitions and criminal Miscellaneous petitions notice was issued by this Court on 23rd August, 1988 confined to respondents 1 and 2.

(2.) The facts giving rise to these proceedings may be stated here in a nutshell. The petitioners are being prosecuted on the basis of the allegations made in the First Information Report referred to above in the Court of an Additional Sessions Judge. Writ Petitions (Criminal) Nos. 359-362 of 1987 were filed by the petitioners before this Court for quashing all the proceedings in pursuance of the aforesaid First Information Report on various grounds. These writ petitions, however, were dismissed by this Court on 13th July, 1987 by the following order:-

(3.) The present writ petitions seem to have been filed on or about 23rd July, 1988 and the case of the petitioners is that in view of the order of this Court dated 13th July, 1987 the criminal case pending against them ought to have been decided near about 3rd week of August, 1987 and since not only the case had not been decided till the filing of the writ in framed, petitions even charge had not bee even though about 110 dates were fixed in before the case, the proceedings be Additional Sessions Judge in the case aforesaid deserve to be quashed.