NAND LAL CHOTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. invoking the extraordinary jurisdiction of this Court to bring an unfortunate litigation to an end. It is alleged that the accused petitioner was prosecuted for offences under Section 409 and 468, IPC and the challan was filed on 17 -1 -1978 and since then the trial has not completed and the case is still lingering on for recording the prosecution evidence. The prosecution has cited 14 witnesses in the calender of witnesses. Out of that the prosecution has examined only ten witnesses and still evidence of 4 prosecution witnesses remains to be recorded.

(2.) LEARNED counsel for the petitioner submits that from 1978 to till this date the trial has proceeded in a snail pace for the last more than 11 years. Learned counsel submits that for trial which remained pending for more than 11 years, the accused is entitled to be discharged because of the lethargy and incompetency of the prosecution. In support of his contention learned Counsel has invited my attention to Madheshwardhari Singh v. State of Bihar 1986 (Patna 324).

(3.) LOOKING to the facts and circumstances of this case, I am constrained to observe that the prosecution has acted in a most irresponsible manner and allowed this litigation to prolong for such a good 11 years. This state of affairs is most unfortunate and it cannot be allowed to continue any longer. In the facts and circumstances of the present case, the prosecution is directed to complete its evidence within a period of three months in case it fails to do so, the trial court shall proceed to dispose of the matter in accordance with law. The record which has been received may be sent back forth -with.