KRISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have moved this petition under section 482, Cr. P.C. for setting aside the order dated 26-5-1990 by which charge has been framed under section 54 of the Rajasthan Excise Act, 1950 in Criminal Case No. 359/89 and prayed to drop the entire proceedings. Charge sheet was present against the petitioners on 13-6-1989 in the court of Judicial Magistrate, Sriganganagar for trial under section 54 of Rajasthan Excise Act, 1950. Charge was framed on 26-5-1990 and the prosecution examined PW-1 Jail Singh, PW2 Butta Singh alid PW-3 Brijlal on 13-11-1992. Witnesses Nos. 1 to 4 were ordered to be produced by bailable warrants since then prosecution witnesses 1 to 4 have not been produced by the prosecution by effecting service of the bailable warrants. A perusal of the proceedings on various dates shows that number of times, process was issued to procure the attendance of prosecution witnesses Nos. 1 to 4 but their summons or bailable warrants were not returned after service. For two or three dates the process was not issued and for another dates the presiding officer was on leave. But mainly, the case was adjourned several times for not producing the prosecution witnesses Nos. 1 to 4. Now, the date fixed in this case for prosecution witnesses is 11-7-1996 and they have to be examined and warrant of arrest for Rs. 500 (five hundred) have been ordered to be issued.

(2.) The learned counsel for the petitioner has vehemently argued that there is inordinate delay in the trial of the case and the fundamental right of the petitioners under Article 21 of the Constitution of India has been violated. The petitioners have a right for expeditious trial of the case against them. The petitioners are attending the court on each date and fully cooperating with the trial. There is no delay in the trial of the case on account of any fault of the petitioners. The case was instituted in the year 1989 for the occurrence dated 25-6-1988. It is further contended that the offence under section 54. Rajasthan Excise Act is punishable with imprisonment which may extend to maximum three years. It is therefore prayed that the powers under section 482 should be invoked and the proceedings against the petitioners should be quashed.

(3.) Learned Public Prosecutor has opposed the petition arguing that the witnesses are serving in Border Security Force and they have been posted on duty and could not be served. It is argued that the court may give directions to the trial court to expedite the trial and complete it within the time allowed by this court.