RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Gopal has moved the present petition under Section 482 or the Code of Criminal Procedure praying that the proceedings pending in the case arising out of F.I.R. No. 288 dated 24th May, 1979 for an offence under section 406 of the Indian Penal Code had been making no progress and it be quashed.

(2.) Briefly, the facts as alleged are that the petitioner was an Auditor and in March, 1979 he allegedly borrowed 700 empty gunny bags from Shri R.K. Kumar who was store keeper in the Super Bazar, Ambala Cant, and he had promised to return it within a month. He failed to do so. The price of the gunny bags was estimated and mentioned as Rs. 2,240.00. Ultimately, the challan was presented and a charge was framed by the Judicial Magistrate 1st Class, Ambala Cantt, on 20/12/1982. The petitioner has placed on record a chart showing that even after the framing of the charge on 20/12/1982 he has been appearing in the trial Court on a large number of hearings yet his case could not be concluded till 29/11/1990 and thereafter as well there had been no progress.

(3.) On the other hand, in the reply filed by the State it has been pointed out that on account of country wide anti reservation agitation some judicial record was burnt on or about 21.9.1990 at Am ba Ia Cantt and it could no be reconstructed so far.