GOPAL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In pursuant to the order dated 29.6.1999 the Senior S.P., Ranchi has filed his report.

(2.) The brief facts leading to this application appear to be that for an occurrence dated 1.2.1987 three cases were instituted, out of which the present case bearing Doranda P.S. Case No. 39/87 corresponding to G.R. Case No. 305/87 under Sections 399/402, IPC which is now pending in the Court of Sri H.N. Shukla, Judicial Magistrate, Ist Class, Ranchi. Simultaneously, two other cases were filed, one under Sections 3 and 5 of Explosive Substance Act and the other under Sections 25-A, 26, 35 of the Arms Act which were registered as Doranda PS Case No. 40/87 and 41/87 respectively.

(3.) Mr. Shamim Akhter, learned counsel for the petitioner submits that in the Explosive Substance Act case, the petitioner was discharged and in the Arms Act case, the petitioner was found not guilty as no witness could be examined and he was acquitted of the charges levelled against him. The orders are annexed as Annexures 8 and 7 respectively. Only the present case bearing Doranda PS Case No. 39/87 is pending now for commitment. The case is fixed for supply of police papers and the certified copies of the order-sheets which is Annexure-9. In the aforesaid case, the case diary is being asked for by the Court for supply of Police papers since 12.3.1980, since that date till 7.11.1998 the case diary could not be traced out. The case diary was not produced by the prosecution in spite of repeated directions of the Court to the persons concerned. It is submitted that till now the aforesaid case diary has not been produced. From Annexure-10, it will appear that the officer-in-charge has clearly stated that the aforesaid case diary is missing and inspite of thorough search the same could not be traced out. Hence, this application has been filed for quashing the entire proceeding against the petitioner on the ground that no case diary is available and the petitioner is being harassed for the last thirteen years only for supply of police papers.