JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Crimial P.C. to quash proceedings in Cr. Case No. 514/78 (404/97) pending in the Court of Additional Chief Judicial Magistrate, Bhilwara for offences under Sections 408, 467, 477-A IPC.

(2.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor.

(3.) The petitioner has been facing trial for the aforesaid offences relating to the year 1973-74 on the basis of a challan which was filed with the allegations that the petitioner in capacity of a co-operative society misappropriated a sum of Rs. 4,312.65. Charge-sheet was filed as long back as on 25.8.1978. There were certain other cases against the petitioner and they were all ordered to be tried jointly in exercise of power under Sec. 212(2) Crimial P.C. Charges were framed on 3.3.1981 and trial proceeded with a snails speed. Ultimately the Magistrate closed evidence on 19.1.1998. Statements of accused were recorded under Sec. 313 CrP.C. and the case was fixed for final arguments on 4.2.1998. Thereafter the prosecution filed an application under Sec. 311 Crimial P.C. for presenting a number of witnesses and requested to call 17 witnesses though some of them had already reported to have been dead Learned Magistrate allowed the application and ordered that out of those 17 witnesses -- witnesses he summoned for 28.4.1998 and the remaining for 29.4.1998. He ordered to give summons by hand to the learned A.P.P. and adjourned the case for evidence of those witnesses. It was the accused himself who did not appear on 28.4.1998, though some of the witnesses did appear before the Magistrate, and therefore his bail bonds were forfeited. The case was fixed for attendance of 3 the accused on 20.6.1998 but the accused petitioner appeared on 1.6.1998 and was again granted bail. In these circumstances the learned counsel for the petitioner has prayed that the order of learned Magistrate summoning witnesses in order to fill up lacunae of the prosecution may be set aside and that in any case the proceedings which are very old may be set aside.