MANGI LAL KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioner has prayed that the incident took place as back as in the year 1974 and only 8 witnesses have been examined out of 19 witnesses in more than 10 years, and the prosecution witnesses have not supported the case of prosecution. Therefore, the proceedings against the petitioner for the offence under section 409 and 467 Penal Code be quashed.

(2.) The allegation against the petitioner is that on 30.10.74, the petitioner has received Rs. 500.00 on the basis of one Voucher of Rs. 500.00, the amount was payable to one Nawal Khan for his job work in construction of school building. The amount was drawn by the petitioner in the capacity of Sarpanch, at that time. The F.I.R. was lodged against the petitioner that petitioner has misappropriated Rs. 500.00 by forged voucher, in the name of Nawal Khan. After Investigation the Challan was filed against the petitioner for the offence under section 409 & 467 IPC. During trial prosecution has examined as many as 8 witnesses by Feb., 1993. Then an application was moved before the trial court that the proceedings be dropped as the prosecution has failed to examine its witnesses, even after, completing of 10 years. The application of the petitioner was rejected vide impugned order dated 5.2.93 observing that power under Sec. 482 Crimial P.C., vests only in the High Court and not in the Trial Court. Against that impugned order dated 5.2.93, the petitioner has filed this Misc. petition under Sec. 482 Crimial P.C.

(3.) Learned counsel for the petitioner submitted that the petitioner is 70 years of age and the offence alleged to have been committed in this case, as back as, in the year 1974. The prosecution has examined only 8 witnesses, out of 19 witnesses so far and further in this case for want of sanction as provided in Sec. 197 Crimial P.C., the proceedings against the petitioner are illegal. Learned P.P. supported the judgment of the trial court.