DEEP CHANDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. By means of the aforesaid five petitions, the petitioner prays for quashing of the proceedings of Criminal Case Nos. 2639/91, 2640/91 2641/91, 2642/91 and 2643/91 pending in the Court of the Judicial Magistrate, II, Sitapur.

(2.) ALL the aforesaid petitions have common question of law, hence the aforesaid petitions are hereby consolidated and are being disposed of by a common order.

(3.) FROM the facts stated above, it is evident that the accused had already mffereda gonsiderable harassment not only monetary but ajso by way of constraint attention to the case and repeated appearance in the Court. As pointed out above, it is also not disputed that apart from the mental agony, the accused has also lost his service and, therefore, in my opinion, keeping in mind the facts mentioned above, it is difficult rather impossible to fair trial after such a long time lapsed. The conduct of the prosecution and the interest taken by the prosecution also shows that it would be sheer waste of the public time and money apart from causing harassment to the accused. The Hon'ble Supreme Court again in a case of S. G. Nain v. Union of India, 1992 Cr LJ 560, quashed the proceedings under Section 409, I. P. C. after lapse of about 14 years. Here in the instant case, more than 20 years have been passed but even the charges have not been framed.