SALAHUDDIN Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONERS Salahuddin @ Salim and Gayasuddin have filed this revision petition against the impugned order dated 27.4.95 passed by I1nd Additional Sessions Judge, Jabalpur, in Criminal Revision No. 74/94 whereby the trial Court's order dated 5.2.95, dismissing the non -petitioners' complaint and dropping the 'proceedings against the petitioners, was set aside and the case was remanded back to the trial Court for proceeding further according to law.

(2.) FROM the submissions of the learned counsel for the petitioners and the facts mentioned in the impugned order it emerges out that the non -petitioner complainant had filed a complaint, against the petitioners, on 17.9.80 in regard to the alleged incident of violence which is said to have taken place on 25.6.80, for the offences punishable u/s 323 and 506 of the IPC. It further appears that after the dismissal of the first complaint for want of prosecution on 20.1.82, the complainant had filed another complaint on 28.4.82 and thereafter on the service of the process on them the petitioners had appeared before the trial Court in the year 1982 itself. Thus it is apparent that the petitioners are facing these protracted proceedings for the last about 16 years and the proceedings so far have not even reached the stage of framing of charges.

(3.) ON considering the facts of the case in its entirety, and the pendency of the proceedings for long 16 years, this Court is of the opinion that the proceedings, pending against the petitioners accused persons, deserves to be quashed on the ground of inordinate delay in the trial. In this view of the matter this Court does not deem it necessary to examine the legality of the impugned order whereby the matter was remanded back to the trial Court for proceeding further according to law.