NARENDRA LUXMIKANT NIGALYE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed under section 282 of the Code of Criminal Procedure, by the petitioner -accused for quashing proceedings of Criminal Case No.7/91 (Old No.1348/84 (4702/87) presently after transfer pending in the Court of Shri A.K. Tiwari Judicial Magistrate First Class, Gwalior, against him since 1982, on the ground of inordinate and callous delay.

(2.) FACT '" briefly stated are as follows. In the years 1982, report was lodged against the petitioner and other students by one Rajendra Kumar Jain, who was allegedly the joint secretary of Students Union, alleging that at about 9 O'clock in the morning on 19.7.1982, about 8 -10 students assaulted a student Sunil Jain and further took him to Room No.11 of the Junior Boys Hostel. Having given him good beating, they all left the spot. On report being lodged, an offence was registered against the petitioner and other students. On completing the investigations, the challan was filed against the petitioner and 6 others by police Jhansi Road in the Court of Chief Judicial Magistrate, Gwalior, on 20.8.1982, for offences under section 147,342,506(1)/149 of the Indian Penal Code.

(3.) ON the above narration the petitioner's grievance appears to be prima facie justified and germane to the issue that criminal cases registered under sections 147,148,342,506(II) IPC is still at the stage of charge, even after the lapse of9 years. During the period the petitioner, who was a student of M.B.B.S. has qualified the course and has done even post graduation (M.S. in General Surgery). He is much aggrieved as he is held up from proceeding to United Kingdom for taking further studies due to the pendency of the present criminal case and the whole future career of the petitioner is at stake, as he is likely to lose the chance of further studies and prospects of bright career due to the present pending prosecution.