RAMJI LAL MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice has been accepted by the learned PP on behalf of the State and, with the consent of the learned counsel for the parties, the arguments have been heard.

(2.) The petitioner is being prosecuted in case FIR No. 208/70 of Police Station Sadar Jaipur under sections 420, 467, 468 and 471 IPC. The allegation is that he (petitioner) claimed medical reimbursement in the sum of Rs. 101.65 p. on the basis of false medical bills. The charge in the case was framed on 11.9.1986. The petitioner pleaded not guilty to the charges and claimed to be tried. Since then, no evidence has been produced and the case is being adjourned for non-production of the record.

(3.) Considering the fact that the case was registered in 1970 and, after investigation, the challan was filed long thereafter and the charge was framed on 11.9.1986 and thereafter no evidence has been produced, in my view, it is a case where instead of facing the prosecution, the petitioner is facing persecution and it will be against the interest of justice to allow the continuation of the prosecution against him in the case in question in the learned trial court.