MUNNAN Vs. ONKAR NATH

JUDGEMENT

(1.) B. K. Kathi, J. This revision has been filed by the applicant Smt. Munnan feeling aggrieved by the order dated 10-5-93 passed by the C. J. M. , Allahabad by which he rejected the application of the applicant for quashing the proceedings as being barred by Section 195, Cr. P. C.

(2.) I have heard Sri L. K. Pandey, learned Counsel for the revisionist and Sri K. K. Pandey for opposite party No. 1 and the learned A. G. A.

(3.) THEREFORE, the application of the applicant was not maintainable and is only an abuse of process of the Court and the applicant is trying to delay the disposal of this case and her delay not for six years by filing the present revision on frivolous grounds. at the stage of summoning, the applicant did not raise the plea that the complaint is barred by Section 195, Cr. P. C. Even at the stage of charge, this plea was not raised and now the case is ripe for final arguments. After the charge, the proceed ings cannot be quashed by the Magistrate. The proceedings will either result in con viction or acquittal. The charge once framed, cannot be struck off, cancelled or quashed. THEREFORE, the plea of bar under Section 195, Cr. P. C. should have been taken by the applicant at the time of final arguments and there was no stage to move the application, which was intended only to delay the disposal of the case.