KANWAR GAJENDER PAL SINGH Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482 of the Criminal Procedure Code (hereinafter referred to as "the Code") the petitioner prays for the setting aside of the order dated 3/12/1997 passed by the learned Additional Sessions Judge, Delhi in Criminal Revision Petition No.61/97 confirming the order dated 1/5/1997 passed by the trial Court rejecting the request by the petitioner (accused) for his acquittal/discharge on the ground that no progress has been made in the prosecution of the case titled State versus Kanwar Gajender Pal Singh under Sections 341/342/34 Indian Penal Code pending in the Court of learned Metropolitan Magistrate.

(2.) It is suggested from the record that the petitioner (accused) moved an application before the trial Court praying for the discharge/acquittal relying on the directions in the case of "COMMON CAUSE" a Registered Society, through its Director versus Union of India 1996 J.C.C. page 503, by the Supreme Court.

(3.) The trial Court rejected the application seeking discharge/acquittal vide order dated 1/5/1997 which order was carried to the Sessions Court by way of Criminal Revision Petition No.61/97. The learned Additional Sessions Judge, Delhi, vide his order dated 3/12/1997 dismissed the revision petition and confirmed the order passed by the trial Court and it is thereafter that the petitioner in this petition has been invoking the inherent powers of this Court under Section 482 of the Code.