GANPAT LAL Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the original record of the case.

(2.) By this petition u/S. 482, Cr. P. C. the petitioners have prayed that the proceedings of Criminal Case No. 381/93, State v. Ved Prakash and others pending in the Court of Additional Chief Judicial Magistrate No. 2, Jodhpur in respect of offences punishable u/Ss. 147, 148, 149 and 452, IPC be quashed, because the case is being adjourned from time to time without any progress and some of the co-accused have yet not turned up as the process issued to enforce their

(3.) A perusal of the record of the lower Court shows that the case was instituted on 12-1-97 when the Assistant Public Prosecutor submitted a charge-sheet u/S. 173(2), Cr. P.C. against the petitioners and some other accused persons. Co-accused Kamal Singh and Ganpat Singh absented themselves on 18-9-97, which was the date fixed for hearing of, the arguments and charge. It appears that on account of non-appearance of the accused person, the learned Additional Chief Judicial Magistrate could not make any progress towards the conclusion of the trial of the case.