RAMAVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application under section 482 Cr. P. C. has been filed by the accused-petitioners who are facing trial in Criminal Case No. 573/83 (State v. Dwarka Prasad and another) pending in the Court of Additional Chief Judicial Magistrate, Neem ka Thana, under sections 323, 324, 325, 147, 148 and 149 IPC. The prayer for quashing the proceedings is based on inordinate delay in the trial and consequently, to be violative of Art. 21 of the Constitution of India.

(2.) THE incident is alleged to have taken place on 7. 6. 81 and crime No. 40/81 was registered at Police Station, Khandela under sections 147 and 323 I. P. C. at the initial stage. Charge-sheet was submitted on 23. 11. 91 under various offences including under section 307 I. P. C. However, the learned Sessions Judge did not find a prima facie case under section 307 I. P. C. and remanded the case to the Court of Chief Judicial Magistrate, Sikar and now it is pending in the Court of Additional Chief Judicial Magistrate, Neemka Thana for trial.

(3.) CONSEQUENTLY, I find that it is a fit case in which the criminal proceedings be quashed in exercise of powers under section 482 Cr. P. C. It is ordered accordingly and the petition is allowed. .