RAJ RISHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petitioner by means of this petition under Section 482 Cr.P.C. seeks quashing of complaint, Annexure P-1, for which he is facing trial since March 1984 till the filing of the present petition.

(2.) BRIEF facts giving rise to the filing of the present petition are that a complaint, Annexure P-1, was filed pertaining to sample drawn on 22.12.1983 of cow's milk which was found to be adulterated on analysis. Therefore, charge was framed on 27.2.1985. Learned magistrate proceeded with the case and adopted procedure provided for a warrant case and till 18.1.1988 granted various opportunities to the complainant to produce evidence, where-after, he strangely dropped the proceeding and instead adopted procedure for summary case and the petitioner was called upon to face summary procedure on 18.1.1988. The case was subsequently adjourned time and again upto 6.3.1991 and as such the petitioner has undergone this protracted trial for about seven years. The petitioners, therefore, seeks quashing of the complaint, Annexure P-1, which amounted to mis-carriage of justice and abuse of the process of the Court when the Magistrate started de-novo trial and the petitioner has suffered agony for about seven years of this protracted trial. Heard learned counsel for the parties.

(3.) RELYING upon the above decisions and in view of what has been stated above, there is no other option but quash the complaint, Annexure P1, as well as the proceedings pending in pursuance thereof before the trial Court.