MANBODH PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) LIST has been revised. Shri Nikhil Kumar, learned counsel for the applicant and the learned A.G.A. for the State are present.

(2.) THE present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of case No. 2333 of 1991 (State v. Manbodh Prasad) under Sections 408, 419 & 420 IPC, Police Station Kotwali Bansi, District - Siddharth Nagar pending in the court of Judicial Magistrate, Bansi, Siddharth Nagar. It is further prayed that further proceedings of the aforesaid case be stayed.

(3.) IT is submitted by the learned counsel for the applicant that in the present matter, First Information Report was lodged in the year 1977 and chargesheet was filed on 21.12.1977. It is further submitted that the offences have been committed within the period 2.5.1973 to 2.9.1977. Cognizance in the matter had been taken in the year 1987. Processes were issued on 10.2.1988 but despite the fact that the case has been listed several times, no progress was made. Neither witnesses were examined nor the applicant was discharged from the charges. Since initiation of the trial, the applicant was regularly attending the court. It is further submitted that the applicant is on the verge of retirement and is resident of State of Bihar, therefore, the prayers made in the present application be allowed. He places reliance on the decisions of the Supreme Court in Vakil Prasad Singh v. State of Bihar, : (2009) 3 SCC 355, P Ramachandra Rao v. State of Karnataka, : 2002 (44) ACC 974 and 'Common Cause' A Registered Society through its Director v. Union of India and others, : (1996) 4 SCC 33.