PAL CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition purports to have been filed under Section 482 of the Code of Criminal Procedure, 1973, (for short, the Code) with the allegations which are these :

(2.) BY means of the present petition, the proceedings under Section 193, Indian Penal Code, pending in the Court of Shri G.S. Dhiman, Judicial Magistrate Ist class, Ferozepur, are sought to be quashed by invoking the provisions of Section 482 of the Code. The main contention of the learned counsel for the petitioner is that the proceedings in the present case are pending since 1974 and the case is still at the initial stage and in the circumstances, the continuation of the proceedings for such a long time amounts to an abuse of the process of the Court and are thus liable to be quashed. Record was summoned in this case and I find that near about 100 adjournments have been given by one Presidenting Officer or the other without any rhyme or reason. It is not disputed that the proceedings were initiated against the petitioner in the year 1974 and so for only one witness has been examined on behalf of the prosecution. To allow the criminal proceedings to continue further after a long lapse of time of about 9 yers from the date of the alleged commission of the offence would, in my opinion, amount to permitting a Court proceeding to degenerate into a weapon of harassment and would not at this stage achieve any purpose. On the facts and circumstances obtaining in the instant case, such continuance constitutes gross abuse of process of Court. It is thus imperative for securing the ends of justice that these criminal proceedings should no longer be allowed to go on and must be quashed.

(3.) I allow this petition and quash the proceedings in case State v. Pal Chander, under Section 193, Indian Penal Code now pending in the Court of Shri G.S. Dhiman, Judicial Magistrate Ist Class, Ferozepur.