MEGHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- The petitioner is aggrieved by the proceedings of the Criminal Case No. 365/89 'State v. Meghraj' under S. 7 read with 16 of the Prevention of Food Adulteration Act, 1954 pending in the Court of Chief Judicial Magistrate, Begu, Dist. Chittorgarh. In this petition under Section 482, Cr. P.C., the petitioner has prayed to quash the proceedings on the ground of protracted trial and violation of the principles of natural justice of speedy trial as enshrined under Art. 21 of Constitution of India. The proceedings were instituted against the petitioner on 7-5-1980 in the Court of Chief Judicial Magistrate, Chittorgarh on the complaint by the Food Inspector under Section 7 read with 16 Prevention of Food Adulteration Act. The petitioners appeared in the Court and charges were framed on 11-1-1989. Thereafter the case was adjourned to summon the witnesses from time to time. PW 1 Sh. Samay Singh was examined as late as on 22-8-1998. Thereafter till date no other witness has been examined. Thus, the proceedings are pending against him for the last 20 years without any progress in the trial. The petitioner claims that it is an abuse of process of law and violation of the principles of natural justice and speedy trial which is now termed as fundamental right under Art. 21 of the Constitution of India. Learned counsel for the petitioner vehemently contended that there is no likelihood of trial being completed within a short span of time and under such circumstances there is no justification in further prosecution of the petitioner and proceedings should be quashed. Learned Public Prosecution has opposed the petitioner and it is urged that the learned trial Court may be directed to expedite the trial so as to complete it within a specified time frame.

(2.) I have given my earnest consideration to the contention put forward by both the sides. I have perused the order sheets produced by the petitioner. The petitioner is attending the Court for the last 20 years almost regularly except for six months when he was absent during the trial. For this period of six months absence during last 20 years does not make a reason for this inordinate delay in the trial in this case. It is evident from the order-sheets that mostly the delay has occurred due to non-issuing of the process by the staff of the Court and also due to non-appearance of the witnesses. No diligent steps were taken by the preceding officers to ensure the issuing of the process by the staff or to ensure the attendance of the witnesses in the Court. The proceeding continued in a very routine manner without realising the urgency of the matter to dispose of the case which is pending for the last 20 years. It is evident in the above facts and circumstances that the petitioner has suffered a lot by way of mental agony and also financially by attending the Court for the last 20 years. I entirely agree with the petitioner's learned counsel that there is no justification now in allowing to continue the prosecution of the petitioner because his right to speedy trial has been violated without any fault on his part. The proceedings deserves to be quashed.

(3.) In the result, this petition is allowed. The proceedings of the criminal original case No. 365/89 'State v. Meghraj' pending in the Court of Chief Judicial Magistrate Begu, Dist. Chittorgarh are hereby quashed. The petition stands disposed of accordingly. Petition allowed.