CHANDER MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to learned P.P. who has accepted the same.

(2.) Heard. Perused the relevant record. A perusal of certified copy of the order of the trial Court dt. 10-7-95 indicates that the police submitted the challan against the accused petitioners for the offences under Sections 447, 323,and and 341/34, IPC. On 4-9-95 the learned trial Magistrate took cognizance against the petitioner for the said offences. On 20-11-95 and 17-7-96 the Presiding Officer was on leave. On 26-11-96 an application for dropping the proceedings against them was filed by the petitioners in view of the directions given by the Apex Court in " Common Cause" . A Registered Society v. Union of India, 1996 Cri LR (SC) 430 : (1996 Cri LJ 2380). On that day the learned A.P.P. and counsel for the complaint prayed for short adjournment for filing the reply. On the next date a reply was filed. On 16-1-97 the learned trial Magistrate after hearing the parties by impugned order judgment rejected the said application filed by the petitioners on the sole ground that some of the accused persons were not present on 20-11-95, 17-7-96 and 20-11-96. The petitioners have, therefore, filed this petition under S. 482, Cr.P.C. and prayed that the impugned order be quashed and proceedings against them be dropped.

(3.) The learned PP has opposed this petition and contended that in this case the trial could not proceed as some of the accused petitioners were not present in the Court.