CHATURBHUJA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a peon. He is in the fag end of his service career. On the basis of an FIR lodged alleging theft of a Transistor Radio from the office, G.R. Case No. 300 of 1975 was initiated. THE said case is pending in the Court of learned S.D.J.M., Bhubaneswar for all these years. According to Mr. J. Patnik, learned Senior Counsel appea-ring for the accusedpetitioner, pendency of the said case is causing prejudice. In fact the prosecution has not taken appro-priate steps for getting the process served till date though the accused is a Govern-ment employee. This fact itself indicates that the prosecution is not interested in the aforesaid litigation. According to Mr. Pattnaik continuance of the said G.R. case which is bound to end of acquittal after lapse of 29 years, would amount to abuse of the process of law. Considering the aforesaid facts and circumstances and the submissions advanced by Mr. Pattnaik and after hearing the learned Additional Govern-ment Advocate, I feel after lapse of 29 years, there is nothing more left to be decided in the aforesaid G.R. case. Accordingly, I direct to quash the G.R. Case No. 300 of 1975 pending before learned S.D.J.M., Bhubaneswar in the interest of justice. CrL. MC is disposed of. Urgent certified copy be granted, on proper application. Petition allowed.