LAWS(MPH)-2013-7-370

VINOD KUMAR RATLEY Vs. STATE OF M P

Decided On July 16, 2013
Vinod Kumar Ratley Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, petitioner has challenged the charge-sheet dated 28/10/2004 Annexure-P/1. The main ground of challenge is inordinate and unexplained delay in issuing the charge-sheet.

(2.) Shri Arun Dudawat learned counsel for the petitioner by taking this Court to the charge-sheet submits that the allegations mentioned in the charge-sheet pertains to a period between March, 1992 to March, 1994. It is issued in November, 2004 i.e. after more than 10 years. There is no explanation of inordinate delay in issuing the charge sheet. He submits that charge-sheet is liable to be interfered with only on the ground of delay. In addition, he submits that chargesheet shows that it was against various persons including petitioner and one Shri Ramcharan. Ramcharan filed WP(s) No. 209/2005, which was decided on 01/09/2006 and this court on the ground of delay, set aside the charge-sheet. Petitioner is being similarly situated is entitled for the same relief.

(3.) Learned Dy. Government Advocate supported the charge-sheet and submits that at this stage, no interference is warranted.