RAMAVTAR Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner has moved this petition under section 482 Crimial P.C. seeking the quashment of the proceedings of criminal case No. 379/93 (22/88) pending in the Court of Addl. Chief Judicial Magistrate, Makarana under section 7/16 of Prevention of Food Adulteration Act, 1954.

(2.) The aforesaid case was registered on a complaint filed on 31.3.1988. The petitioner was present in the Court on 12.6.1988. The case was fixed for recording the prosecution evidence before the charge. But on several dates either the summons were not issued by the office or the witnesses did not attend the Court even on service upon them. The case was transferred to Addl. Chief Judicial Magistrate, Makarana on 20.10.1993 where also summons were issued to the witnesses but witnesses did not attend the Court. Thus, the case continued from 20.8.1990 to 21.5.1998 for recording the prosecution evidence without any progress. Jagdish (PW 1) was examined on 9.7.1998. Now, the charges have been framed and witnesses are being summoned to complete the trial.

(3.) In the facts and circumstances of the case, learned counsel for the petitioner has vehemently argued that the right of the petitioner to have expeditious trial has been infringed which has been interpreted by the Honourable Supreme Court as the fundamental right of the accused. He submits that the order sheets reveal that accused has attended all the dates of hearing but the delay has occasioned on account of lapse on the part of the prosecution because no effective steps were taken by it to serve the service to secure the attendance. Therefore, continuation of the proceedings against the petitioner in the above circumstances can very well be said abuse of the process of the Court. Hence, in the interest of justice, proceedings should be quashed.