BADRI NATH Vs. STATE

JUDGEMENT

(1.) THIS is an unusual case on facts. The petition is under Section 561 -A Cr. P. C. The prayer is to quash a case pending against the petitioner from 1969. The offence for which the petitioner is facing trial are Section 471, 468, 467, 420, and 423 R. P. C. The petitioner states that he has been suffering the agony of facing the trial for the lost 14 years. Along with the application several annexures have been produced to show the stages through which the case has progressed. In para No. 1 (b) of the petition, various dates of adjournments are also given.

(2.) IT is really surprising that a case which originated on 16 -5 -1969, as is evident by Annexure "A" should still be pending without the trial -being concluded. There cannot be any justification for this long delay, In disposing of the criminal case, involved in this petition, without considering the merits of the case, I have no hesitation to observe that the pendency of this case clearly amounts to an abuse of the process of the court, which has to be corrected by exercise of inherent jurisdiction under Section 561 -A Cr. P. C.

(3.) ACCORDINGLY I allow this application and quash the criminal case pending before the Special Judge. Anti -corruption, Srinagar, captioned State Versus Badri Nath. I also declare that no steps shall be taken against the petitioner for anything connected with this case. The application is accordingly allowed.