GANESHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, it has been prayed that proceedings in Cr. Case No. 38/87 be quashed.

(2.) The incident took place as back as on 22.7.77 and petitioner is facing trial till today. No delay in the proceedings on account of the petitioner. On 27.9.95, the petitioner has raised the objection that it is a summary trial case, therefore, the then presiding officer could not pronounce the judgment on relying on the statements of witnesses which are recorded by his predecessor. Considering his submissions, the impugned order dated 4.10.95 has been passed wherein the decision has been taken that let there be a denovo trial.

(3.) By this petition, the petitioner has challenged the denovo trial on the ground of delay. In the petition, it is also clarified that the delay is not on account of fault of petitioner, therefore, instead of denovo trial, the proceedings be quashed.