SOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition is under Section 482 Cr. P. C. preferred by petitioner-accused Sohanlal in Cr. Case No. 412/89 under Section 7 read with Sec. 16, of Prevention of Food Adulteration Act, 1954 (in short `p. F. A. Act') pending in the court of Additional Chief Judicial Magistrate, Sojat City for quashing the proceedings on the ground of delay in trial.

(2.) THE brief facts leading to this petition are that a charge sheet was submitted against the petitioner on 13. 9. 89 to stand trial for the offence under Section 7 read with Sec. 16 P. F. A. Act. THE petitioner appeared in the court on 24. 2. 90 and filed an application on 4. 4. 90 to send the second sample for chemical examination by Central Food Laboratory, but the sample was not received by the court for more than three years i. e. from 30. 5. 90 to 22. 11. 93. Ultimately, the sample was sent to Central Food Laboratory on 25. 11. 93. THE chemical report was received on 11. 3. 94. THE case was fixed for pre-charge evidence but the witnesses were not present from 20. 6. 94 to 7. 8. 95 while the case was adjourned seven times. It could be possible to examine the first witness Mohanlal only on 21. 9. 95. THEreafter charge was framed on 4. 12. 95. THE case was adjourned for further cross examination of the witnesses from 30. 7. 96 to 25. 9. 98 i. e. during the said period the case was adjourned for 13 dates. Statements of Mangilal and Mohanlal were recorded and the case was adjourned for recording prosecution evidence. On 9. 5. 99 the court took the statement of P. W. 3 Devi Singh and the case was adjourned for recording the statements of the accused. In the above facts and circumstances of the case, the petitioner has moved this petition to quash the proceedings.