JOGRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. has been filed seeking the quashing of the entire proceedings of Case No.3032 of 2002 (State Vs. Jograj @ Jugraj) arising out of Case Crime No.195 of 2002, under sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali Fatehgarh, District- Farrukhabad, pending in the Court of Chief Judicial Magistrate, Farrukhabad.

(2.) Heard Sandeep Mishra, Advocate holding brief of Shri Raj Kumar Vaishya, learned counsel for the applicant.

(3.) Submission of the counsel is that charge-sheet was submitted in this case in the year 2002. Charge was framed on 29.5.2008 and since then the matter is pending in the court without even a single witness having been produced in the trial. Counsel has drawn the attention of the Court to the order-sheet that has been filed as Annexure No.4. Countless dates have been given to produce evidence but the prosecution has not availed the opportunity and that is how the matter has remained unconcluded so far. Applicant was a Bandirakshak and has been terminated from the service because of the criminal case that was lodged against him. Submission of the counsel is that applicant has already suffered enormously because of this case regarding which no evidence could be produced even in 16 years by the prosecution. It has been contended that a reasonable period of time can always be granted to the prosecution but it does not mean to say that a trial against an accused can go on for infinite period of time. Somewhere it has to come to an end. It was also pointed out that during this course even the High Court had issued directions to expedite the proceedings but it has not brought any tangible effect. Submission is that in such background the concept of fairness of trial has been vitiated and the proceedings deserves to be quashed.