AJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners, through this petition under S. 482, Cr. P.C., seek quashment of the criminal proceedings in Cr. Case No. 243/85 State v. Ajeet Singh and others pending in the Court of Judicial Magistrate No. 2, Pali.

(2.) Mr. Parihar, learned counsel for the petitioners, pointing out that the case against the petitioners under Ss. 147 and 323, IPC in respect of an occurrence which took place on 27-9-1985 has been pending for the last about 15 years, contended that the petitioners have suffered a lot during this period, and therefore, the proceedings should be quashed. He placed reliance on the cases of Abdul Rehman Antulay v. R. S. Nayak, AIR 1992 SC 1701 : (1992 Cri LJ 2717) and "Common Cause" A Registered Society v. Union of India, 1996 Cri LR (SC) 430 : (1996 Cri LJ 2380).

(3.) The learned Public Prosecutor, on the hand, contended that the delay in the trial of the case has not been caused because of lapse on the part of the prosecution. He pointed out that the record of the case was summoned by the Sessions Judge, Pali in some other case in 1986 and the record was returned in 1997 and after that the trial could not proceed as the record of the case has been called for by this Court.