RAMJI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the entire criminal proceeding pending against this petitioner before the Chief Judicial Magistrate, Jehanabad arising out of Jehanabad PS. Case No. 8(9)/68, G.R. No. 681/68.

(2.) THE facts of the case are as follows : The petitioner was appointed on muster roll in Bihar State Electricity Board, Jehanabad who retired on 31.1.2000. On 11.9.1968 the Assistant Electrical Engineer, Jehanabad lodged Fardbeyan against this petitioner before Jehanabad police station upon which a case was registered against the petitioner under Sec. 409 of the Indian Penal Code for missing of four hundred bags of cement. The chargesheet was submitted by the police on 13.12.1968. On 2.3.1970 the charge was framed against this petitioner. Ultimately on 27.7.1976 the case was fixed for judgment. However, the judgment was not delivered due to wrong marking of some documents. Since then the case is travelling from one court to another court for final disposal. In this process some documents were also lost. On 24.3.1990 permission was granted to the court concerned for reconstruction of missing documents. The same has not yet been reconstructed and thus the case is still not ripe for disposal.

(3.) CONSIDERED the submission of learned counsel for the petitioner as also the allegation levelled against him including the period of pendency of the case, I am of the opinion that this case clearly falls within the parameter laid down in the above decisions of the Apex Court. Continuance of criminal prosecution against this petitioner since such a long period without chance of early disposal is not only oppressive and unwarranted but also violative of Article 21 of the Constitution.