K KRISHNASINGH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE learned counsel for the petitioner submitted that the petitioner has come forward with this petition to quash the proceedings in P. R. C. No. 16 of 2000 on the file of the Judicial Magistrate, Poochampalli.

(2.) IT is submitted by the learned counsel for the petitioner that a case was registered against the petitioner for the alleged offences under Section 4 (1) (A) r/w 7 (1) (c) and 14 (A) of the Tamil Nadu Prohibition Act and the First Information Report was registered as early as on 04. 09. 1986 and after completion of investigation the final report was filed in P. R. C. No. 15 of 1993 and later the same renumbered as P. R. C. No. 16 of 2000. It is also submitted by the learned counsel for the petitioner that till date even the charge is not framed against the accused, the petitioner herein. The learned counsel further submitted that the case was periodically adjourned right from the year 1994 onwards and it was lastly adjourned on 18. 11. 2004. It is also submitted by the learned counsel that none of the records relates to the case is available before the Court and P. R. C. Case was adjourned periodically from the year 1994 onwards and there is absolutely no progress. The learned counsel further submitted that the petitioner has put into great hardship and irreparable loss and he has made to appear before the Court periodically without any progress in this case. Therefore, it is contended by the learned counsel for the petitioner that the entire proceedings pending in P. R. C. No. 16 of 2000 is liable to be quashed.

(3.) THE learned counsel for the petitioner also placed reliance on the decision of the Hon'ble Supreme Court of India in MOTI LAL SARAF V. STATE OF JAMMU and KASHMIR reported in IV (2006) CCR 141 (SC) for the proposition that long pendency of case without any progress is liable to be quashed.