MADAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The short question before me is, whether the criminal proceedings for offence under Sections 323, 147 and 149 Penal Code should be allowed to continue after expiry of 15 years.

(2.) In brief, the facts of the case are that one Ram Lal lodged a report at police station, Sadar, Jaipur City on 13.7.1978. On this report, the Police registered a criminal case for offences under Sections 147 and 323 IPC; and after investigation, submitted a charge sheet against some of the accused persons.

(3.) It appears that on 3.8.1978, a charge sheet was filed by the Police against 40 accused persons and substance of accusation were stated to them on 3.10.1980. A complaint was also filed on 6.11.1978 by the non-petitioner against the petitioner. On the complaint case, the learned Magistrate took cognizance under Sections 148, 149 and 307 I.P.C. However on a revision petition, the learned Additional District Judge No. 2, Jaipur City, Jaipur vide his order dated 20.5.1983 discharged the accused persons from the offence under section 307 Penal Code and remanded the case to the trial Magistrate to proceed in accordance with law. The order of the learned Addl. Sessions Judge was challenged by the complainant before this court, but without any success.