MUNI KAMAL VIJAYJI Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated Sept. 18, 1980, of the Additional Sessions Judge, Sirohi, remanding the case to the Judicial Magistrate, Abu Road, who had refused to take cognizance of the offence against the petitioner as per his order dated April 17, 1979.

(2.) The case is more than eleven years old. According to the complaint, it was on March 29, 1978, that the petitioner is alleged to have trespassed into the temple property. The allegations show that the matter is of a very petty nature. Shi i M.C. Bhandari, counsel for the petitioner, has submitted that the petitioner is Muni Sanyasi and has already renounced the World. He has no intention of trespassing in any property.

(3.) Having regard to the facts and circumstances of the case, particularly, the delay of eleven years, it would not be expedient to put the accused to trial for the offence which took place more than eleven years back. It would not advance the cause of justice and would rather defeat it if the accused is required to meet the charges in respect of the incident that took place in 1978.