R D BHARDWAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 146 recorded against the petitioner under Section 406 and 409 of the Indian Penal Code in Police Station, Asandh District Sonepat of Haryana State reads, "From S.D.O. H.S.E.B. Asandh."

(2.) CRIMINAL Misc. No. 2709 -M of 1991 has been filed in this Court for quashing it on the grounds that the FIR of the occurrence taking place in 1981 was recorded on 13.4.1990 after nine long years and that in spite of summoning the petitioner 30 time in a year, the investigating agency has not been able to find a prima facie case against the petitioner a year thereafter. Inaction on the part of the police, it is alleged, is only resulting in harassment to the petitioner. Hence the request for quashing the FIR.

(3.) IN Mangilal Vyas v. State of Rajasthan. 1990(1) R.C.R.(Criminal) 473 : Judgment Today 1990(1) S.C. 74, their lordships of the Supreme Court observed in a similar case under Sections 408 and 409 of the Indian Penal Code, "3 The learned counsel for the appellant submitted that the (sic) prosecuted in all criminal cases for offences under Section 406 and 409 IPC, that the proceedings are pending for over 25 years the (sic) of the trial without any fault on the part of the appellant amounts to persecution of the appellant and therefore, the proceedings should have been quashed by the High Court. It is maintained that in spite of passage of several years, no evidence worth the name has been recorded by the prosecutor. We have been taken thorough the various steps taken in each case and the nature of the evidence purported to have been collected.