PEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, petitioner has prayed that in this case complaint was filed in Feb. 1977 till today only the charges are framed against Lala Ram that means prosecution has taken 15 years only in framing charges. When the State is not serious in prosecuting the petitioner the proceedings be quashed.

(2.) In this case a complaint was filed on 28-2-1977 for the offence under Section 3/7 of the Essential Commodities Act. The allegation against the accused was that on inspecting the shop of the petitioner, some irregularities were found by D.S.O. Shri Het Ram, in respect of distribution of sugar.

(3.) Complaint was registered and process was issued, charges were framed against accused in 1978, thereafter, the case was time and again adjourned till Sept. 1983. 25-10-1983 A.P.P. has submitted an application to implead Lal Ram as accused. That prayer was allowed but Lala Ram was served after three years i.e. on 26-6-1986. The witnesses Rugha Ram and Het Ram were summoned. The charges were framed against Lala Ram on 7-7-1988 means about 2 years have been taken in framing the charges against Lala Ram. The case was time and again adjourned to examine the prosecution witnesses specially Rugha Ram and Het Ram. Prosecution has failed to examine Rugha Ram. I also perused the order-sheet from Dec. 1991 onwards, the witnesses were not present on the dates fixed by the Court.