BADAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS misc. petition under section 482, Cr. P. C. has been filed with a prayer that the trial of criminal case No. 208/87 Pending in the Court of A. C. J. M. No. 3, Jodhpur be quashed.

(2.) THE principal contention which has been advanced with the aforesaid prayer that the case is pending since the year 1976 and the trial has been delayed for no fault of the petitioner and the principal accused in the case, namely, Shoukilal has since died. THE facts are these :-

(3.) THE main accused Shoukilal died during trial of the case and the accused petitioner has been arrayed as accused on the ground that he was an agent for Shoukilal. To conclude, in my opinion in a case of 1966 in the year 1989. when the trial is not likely to be completed in immediate future, for the delay in the trial, in the facts and circumstances of the case, this case attracts Article 21 of the Constitution and the trial cannot be said to be a fair trial and cannot be said to be by an established procedure of law and I will quash the trial in this case.