RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH this misc. petition Under Section 482 Cr.P.C. accused Rajendra Kumar seeks the quashment of the proceedings pending against him in the Court of Judicial Magistrate No. 1, Bikaner, and also the setting aside of the order dt. 1.10.1996 passed by the Judicial Magistrate in Criminal Case No. 341/94.

(2.) THE relevant facts are these : In respect of a theft which took place between 13.2.1993 and 15.2.1993 petitioner Rajendra Kumar and two more persons were arrested. After the completion of the investigation a challan was filed against the petitioner and two other persons on 3.8.1993. It was stated that the petitioner and accused Raj Kumar Committed offence Under Section 411 IPC and accused Ganesh committed offences Under Section 457 and 380 IPC. The trial of the case could not proceed because the attendance of one of the accused could not be procured for one or the other reason. Virtually no effective proceedings took place before 1.10.96. ON 1.10.96, an application was filed by the petitioner before the learned Magistrate stating that he was arrested on 19.5.93 and yet charge had not been framed against him, and therefore, he was entitled to be discharged under the directions of the Apex Court in the case of Common Cause v. U.O.I. The learned Magistrate heard the petitioner's counsel on the same day and rejected the application. At the same time, he framed a charge Under Section 411 IPC against the petitioner. Charges Under Section 457, 380 and 411 IPC were framed against Ganesh Kumar and a charge Under Section 411 IPC was framed against Raj Kumar. It is this order which is under challenge in this petition.

(3.) LEARNED Public Prosecutor, on the other hand, contended that there is joint trial of the accused -petitioner and two other persons and as the attendance of one of the accused could not be procured for one or the other reason there was delay in the trial, and the petitioner is not entitled to have the benefit of the directions contained in the Common Cause case.