JAGDISH CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been preferred by the accused-petitioner with a request that criminal proceedings pending against the accused-petitioner in Criminal Case No. 52/85 registered and pending with the Chief Judicial Magistrate, Bhilwara and, subsequently, ordered to be transferred to the Court of Addl. Chief Judicial Magistrate, Bhilwara be quashed.

(2.) Briefly stated, the facts of the present petition are that the Food Inspector, Bhilwara filed a criminal complaint against the accused-petitioner for alleged commission of offence under S. 7/16 of the Prevention of Food Adulteration Act, 1954 before the Court of Chief Judicial Magistrate, Bhilwara on 20-5-1985 and, subsequently, on appearance of the accused, it was on 30-4-1986 that the prosecution was ordered to examine its witnesses at the pre-charge stage but, however, on 12-11-1986, the particulars and statements of allegations were explained and read over to the accused-petitioner whose plea was recorded and on the face of denial of commission of any offence, the prosecution was ordered to examine its witnesses beginning from 24-2-1987 and, after as many as 26 adjournments, lastly, it was on 16-3-1993 that statements of the accused were recorded and, thereafter, since the accused-petitioner did not want to adduce any defence evidence and hence the case was pending for hearing final arguments before its disposal and the case went on being adjourned time and again and, meanwhile, the prosecution yet filed a fresh application for completion of the trial summarily and the application was pending from 20-9-1993 to 23-7-1996 before the Chief Judicial Magistrate and, it was on 23-7-1996 itself that without disposal of the application filed by the prosecution, the case was abruptly transferred to the Court of Addl. Chief Judicial Magistrate whereat the same was pending for hearing and disposal till 8-11-1996 and hence this petition.

(3.) I have heard the learned counsel for the petitioner as well as the learned P.P. and have also been taken through the various order sheets regarding the proceedings beginning from 20-5-1985 to 8-11-1996 numbering not less than as many as 15 adjournments.