OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition has been filed by the petitioner for quashing the proceedings pending before the Munsif and Judicial Magistrate, Sri Ganganagar. The sole ground raised by the petitioner for quashing the proceedings is that there is inordinate delay in completing the trial and the proceedings are pending for about ten years and the prolonging of the trial is without any fault on the part of the petitioner. THIS prolongation of the trial amounts to persecution of the petitioner and he, therefore, prayed that the proceedings should be quashed.

(2.) THE complaint was filed by one Shri Ram Niwas on December 12, 1980 under Section 120 and 406, I. P. C. against the petitioner in the Court of the Additional Munsif and Judicial Magistrate, Sri Ganganagar. THE learned Magistrate sent the complaint under Section 156 (3) Cr. P. C. to the police for further investigation and the police, after necessary investigation, presented a challan in the Court of the Additional Munsif and Judicial Magistrate, Sri Ganganagar, on February 13, 1981 for offences under Section 420 and 406, I. P. C. Though the charge-sheet was submitted on February 30, 1981, but the learned Magistrate framed the charge against the petitioner on January 29, 1985-At the time of framing the charge, the learned Magistrate came to the conclusion that no charge under Section 420, I. P. C. is made-out and he, therefore, framed the charge against the petitioner only under Section 406, I. P. C. It is contended by the learned counsel for the petitioner that he is appearing on all the dates fixed by the Court after framing of the charge and even prior to that, but no evidence has been recorded. THE petitioner, in support of his case, produced the certified copies of the order-sheets of the various dates. Upto September 13, 1990, i. e. , for about nine years, no witness was examined by the trial Court. Even on September 13, 1990, the statement of two witnesses, viz. PW 1 Sher Singh and PW 2 Bhagwan Das, were recorded. On September 14, 1990, one witness PW 3 Saru Ram was examined and on September 15, 1990, PW 4 Rajendra Kumar was examined and thereafter the matter was adjourned for recording the statement of the remaining witnesses on 10th and 11th October 1990. But none of the witnesses was examined.