UNION OF INDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) THIS miscellaneous petition is directed against the order dated August 14, 1991, passed by the Sessions Judge, Pali, by which the learned Sessions Judge dismissed the revision petition, filed by the Labour Enforcement Inspector (Central), Ajmer.

(3.) THE alleged offence in the present case has been committed in the year 1988, and the complaint was filed on January 9, 1989, in the Court of the Munsif and Judicial Magistrate, Bar. About four years have elapsed the offence is a petty one punishable with a fine of Rs. 500/- only and, therefore, in the facts and circumstances of the case, no useful purpose will be served in remanding the case to the trial Court for trial because the trial itself will take sufficiently long time and the accused will have to face unnecessary harassment for such a petty offence. Under Article 21 of the Constitution of India, every accused is entitled for a speedy trial, which right of the petitioner will be frustrated. In this view of the matter, I think it proper to quash the criminal proceeding in Criminal Case No. 19 of 1989, pending against the accused respondent, Pukh Raj Tholiya in the Court of the Munsif and Judicial Magistrate Bar.