MOHAN KRISHEN Vs. STATE

JUDGEMENT

(1.) THIS is an application filed under Section 561 -A Cr. P. C. for quashing the proceedings before the Addl. Sessions Judge, Srinagar, titled State Versus Mohan Krishen. The facts of the case necessary for the disposal of the petition can be stated as follows:

(2.) A challan under Section 409/420/465 R. P. C. was presented against the petitioner before the Sessions Judge, Jammu on 20 -8 -1971. No evidence has so far been adduced in this case. The petitioner took ill and was under the treatment of a leading heart Specialist. He has produced Annexures I and II to show his state of health.

(3.) THE petitioner moved this court for transfer of the case from Sessions Judge. Jammu to the Sessions Judge Srinagar. This was allowed. The State, thereafter, filed an application to transfer the case back to Jammu. It was dismissed. In the meantime it was discovered that certain documents produced by the prosecution were missing. These missing records have not still been detected. Till now the case has been getting adjourned from time to time without any appreciable progress. The petitioner submit that he had been suffering the agony of this protracted trial for the last 13 years.