ROMESH KHOSLA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 48 of the Code of Criminal Procedure has been filed by Romesh Khosal and two others praying that the First Information Report Annexure P-1 and the order framing the charge Annexure P-2 be quashed on the grounds set out in the petition.

(2.) THE facts giving rise to the petition are that on the basis of a report lodged with the police on 13th February, 1969, investigation against the three petitioners and some others was started for having committed various offences relating of the years 1965 and 1966. On the basis of the investigation, a First Information Report under Sections 406, 409, 457 and 380, Indian Penal Code, was, lodged against five persons, including the petitioners Nos. 1 and 3. A challan against the accused was presented in Court on 11th April, 1975 against six persons i.e. the present petitioners and three others, who have since died. In the challan, the prosecution sought to rely on the evidence of over a hundred witnesses as also on several hundred documents, referred to therein. It appears that in the year 1976 one of the co-accused Jaspal Singh, since deceased, filed a revision petition for quashing of the proceedings initiated on the basis of the First Information Report, Annexure P-1. On the filing of the petition, the proceedings before the trial Court remained stayed between the years 1976-1981 but the petition was ultimately dismissed in the year 1981. On the resumption of the trial proceedings before the Court a charge under Sections 120-B, 420, 436, 468, 471, 477-A, Indian Penal Code, and under Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act was framed on 13th August, 1985. The present petition has been filed on 1st May, 1990, praying that the proceedings against the petitioners be quashed on the ground that despite the passage of item, very little progress has been made towards the conduct of the case as a result of the tardy attitude of the prosecution. On the basis of the allegations made in the petition, a report was called for by this Court from the Special Judge before whom the proceedings were pending and the said report dated 17th July, 1990, is on the filed of the case. It has been clearly stated therein that the case was not proceeding because of the fault of the prosecution. After the receipt of the report, the proceedings before the Special Judge were stayed vide order of this Court dated 8th October, 1990.

(3.) FOR the reasons stated above, this petition is allowed, the FIR Annexure P-1 and the charge framed thereafter vide Annexure P-2 are quashed.