NATHMAL Vs. STATE

JUDGEMENT

(1.) The petitioners have prayed in this petition to quash the criminal proceedings in Criminal case No. 2/77 State Vs. Nathmal and Ors . pending before the Court of Chief Judicial Magistrate, Jhunjhunu. During the pendency of this petition petitioner No. 2 Laduram expired on 14.12.1990 a zerox copy of his death certificate is produced by the learned counsel Shri Sharma and it is ordered to be taken on record.

(2.) Ordinarily this Court is very slow in interfering with the criminal case at the trial stage but this is a fit case in which this Court should exercise its powers under section 482 of Crimial P.C. The case was pending before the Court of learned Chief Judicial Magistrate on a complaint filed by the complainant way back on 7.12.1967 i.e. almost 30 years from today. The offence alleged to have been committed by the accused persons is under section 467 Penal Code regarding a piece of land and the execution of sale deed by Ladu Ram petitioner No. 2 in favour of petitioner No. 1 which was received on 1.8.1967. On the death of the petitioner No. 2 the criminal proceedings initiated before the Chief Judicial Magistrate would abate. There is an inordinate delay of nearly 30 years. From the record of the case it appears to be a dispute of civil nature between the parties. In fact civil suit is also filed by the complainant. The progress of the case was so slow that during 20 years few witnesses could be examined. This petition was filed in 1987 and the record of the case is called for, therefore, trial is not proceeded which cannot be now permitted after a lapse of 30 years.

(3.) In view of the above discussion this petition is allowed and the criminal proceedings in criminal case No. 2/77 State Vs. Nathntal & Ors . pending before the Court of Chief Judicial Magistrate, Jhunjhunu are quashed. Petition allowed.