JAGDISH CHALANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN connection with Kisan agitation in the year 1975, several persons were prosecuted on various charges. A challan for the offence under Sections 452, 453, 332, 440, 147 and 148 of the Indian Penal Code was filed against the petitioner and others in the Court of Munsif cum -Judicial Magistrate, 1st Class, Sri Ganganagar. The agitation was withdrawn and settlement took place between the Government and the agitators. An application was, accordingly, filed by the Public Prosecutor even before the framing of the charge; for the withdrawal of the prosecution of the petitioner. The learned Magistrate dismissed the said application by the order dated 3rd February, 1978. A revision against the aforesaid order was filed before the Sessions Judge, Sri Ganganagar, but the same was dismissed by the order dated 6th January, 1979. Aggrieved the petitioner has filed the present petition in this Court.

(2.) I have heard learned Counsel for the petitioner and the learned Public Prosecutor for the State. The matter is more than 10 years old. The agitation by the Kisans took place as back as February, 1975. The agitation was withdrawn and the dispute settled between the Kisan agitators and Government. Not even a charge was framed and no proceedings what ever have taken place in the cause. It would not be in the interest of justice to resume after ten years the proceedings which have remained dormant through out this period. I find good reason in the application of the Public Prosecutor for the withdrawal of the prosecution.