RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure claiming quashing of First Information Report No. 28 dated 13.2.1987, copy Annexure P-1, charge sheets dated 3.11.1989 and 10.1.1991, copies of which are Annexure P-3 and P-4 respectively and all other proceedings including report under Section 173 of the Code of Criminal Procedure.

(2.) The brief facts leading to the filling of present petition are that petitioner Ramesh alongwith his father Dale Ram and his uncle Abhev Ram were accused in First Information Report No. 28 dated 13.2.1987. Police Station Uchana District Jind for the offences punishable under Sections 302/307/506/34 of the Indian Penal Code. The case of the petitioner was separated from his co-accused since the petitioner was a juvenile. The case against rest of the co-accused was ultimately heard and finally disposed of vide judgment of acquittal copy of which is Annexure P-2. Petitioner's grievance is that since his co-accused have been acquitted of the offences in the charge-sheet the petitioner should not be made to face the charges framed against him Besides that his trial is being prolonged and is not coming to an end.

(3.) I have perused the judgment of the trial Court and the petition filed by the petitioner as well as the documents annexed then with. Admittedly, the case of the petitioner was separated but simple because his co-accused have been acquitted he cannot claim acquittal by implication of the said decision. The present petition was filed was, back in the year 1995 and further proceedings before the trial Cour had not been stayed in all, probability the case against the petitioner would have come to an end. The fact that his co-accused have beer acquitted of the offences against him can well be taken up before the trial Court where the case against him is pending. What is requires otherwise is a direction to the trial Court to expedite the disposal of the case. Since the petitioner is accused of heinous crime. First Information Report/charge-sheet cannot be quashed since the First Information Report makes out commission of offences for which formal charge-sheet has been framed against him. This petition accordingly fails, Dismissed. However, the trial Court is directed to expedite the disposal of the case in accordance with law without undue delay. The petitioner is required to co-operate with the proceedings. The trial Court be informed of the out come of the petition.