LAWS(MPH)-1988-11-15

RAJENDRAKUMAR Vs. STATE OF MADHYA PRADESH

Decided On November 04, 1988
RAJENDRAKUMAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is an application dt. 2-9-88 under S.482, Cr. P.C. 1973 (for short 'the Code') for quashing the proceedings in Criminal Case No. 182 of 1981 under Ss.147 and 323. IPC pending in the Court of Judicial Magistrate First Class Indore.

(2.) The application has been made on the ground that the aforesaid criminal case was filed in the year 1978 and during all these years not a single witness for the prosecution has been examined though the learned trial Court had been issuing warnings and instructions for production of evidence.

(3.) The submission of the petitioner's learned counsel is that the pendency of a criminal case against a person involves curtailment of his liberty and delay in the trial of the case unless it is occasioned due to the fault of the accused or due to exceptional reasons, has to be characterised as violative of Art.21 of the Constitution of India which guarantees speedy trial. It is contended that in the circumstances of the case it is in the interest of justice that the same is dropped.