ABHAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and the State, no one appears for Respondent No. 2 despite valid service of notice.

(2.) Petitioners pray for quashing the entire criminal proceeding in Motihari Sadar Police Station Case No. 307 of 1981, G.R. No. 1693/81, giving rise to Sessions Trial No. 253 of 1983, lodged under Sections 147, 148, 149, 323, 324, 342, 436 and 379 of the I.P.C. on the ground of pendency of trial for long 16 years since its institution on 20.10.1981 and by now about 29 years..

(3.) The informant Vijay Kumar is Munshi of one Prema Srivastava W/o Ramanand Srivastava, a resident of Phulwarisharif. On 20.10.1981 at 9.30 am, while he alongwith 5 labourers were unloading bricks from a truck on land of Prema Srivastava at Chandmari Mohalla, they were surrounded and assaulted by the accused persons with lathi and farsa etc. In the process some of them received injuries. Tyres of the truck were also set on fire. One of the accused Krishna Kumar Prasad set fire to a hut inflicting damage to the tune of Rs. 500/-.