VELERIAN THOMAS FERRIORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application was filed for quashing the Criminal Proceedings in Case No. 123-P of 1992 pending before the Metropolitan Magistrate, 21st Court at Bandra, Bombay. The main ground of seeking to quash of the proceedings set up by the applicant is that the said proceedings have been unnecessarily continuing by the trial Court without any sufficient reason, and the trial Court was merely adjourning the case by mere asking of the Prosecutor on flimsy grounds. It is alleged in the application that F. I. R. was filed against the petitioner on 24-12-1982, for an offence of theft allegedly committed of the goods worth Rs. 1,78,115. 60/- and the police of Jogeshwari Police Station registered the F. I. R. as C. R. No. 861/82. The offence was alleged to have committed during the period from May 1982 to December 1982. The charge-sheet was filed before the Magistrate of 10th Court at Andheri in September 1982. Subsequently, on 5-11-1985 the case has been transferred to the Court of the Metropolitan Magistrate, 44th Court at Andheri and numbered as Case No. 182-P/85.

(2.) THE charge was framed against the petitioner on 14-1-1985 under section 381 read with section 114 of the I. P. C. On 14-7-1988 evidence of P. W. No. 1 was recorded and on 28-7-1988 evidence of P. W. No. 2 was recorded. The recording of cross examination of P. W. No. 2 was partly done on 31-3-1989 and completed the cross examination of P. W. No. 2 on 13-7-1989. At that stage case has been transferred again on 26-11-1991 to 21st Court at Bandra and numbered as Case No. 123/92. Under these circumstances when the proceeding was unnecessary continuing, the applicant approached this Court by way of this application for closing the proceeding.

(3.) THE learned Counsel for the petitioner Mr. Jambaulikar brought to my notice the recent decision of the Supreme Court in (Raj Deo Sharma v. State of Bihar), reported in 1999 (5) Bom. C. R. (Cri.) 1 (S. C.) : 1998 (6) L. J. (S. C.) 41, and J. T. 1998 (7) S. C. 1 where the Supreme Court has laid down the guidelines for closing the proceedings where in-ordinate delay is occurred in criminal cases protecting the citizens right under Article 21 of the Constitution of India. One of the guidelines laid down by the Supreme Court in the aforesaid judgment is that :--