BAL KISHAN PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bal Krishan Puri (accused) has filed this misc. petition u/S. 482, Cr. P.C. for quashing the proceedings pending against him and others, in the Court of Addl. Chief Judicial Magistrate No. 3, Udaipur.

(2.) Mr. Singh, pointing out that the offence had taken place some 18 years back and challan was filed 4 years after the registration of the case prays that the proceedings pending against the petitioner should be quashed. His contention is that the witnesses may not be available now and it will be abuse of the process of the Court to allow the continuance of the proceedings against the petitioner. He relies on the case of Des Raj Singal v. State of Punjab (1986) 89 (1) Punj LR 82.

(3.) The learned Public Prosecutor vehemently opposes the petition stating that there are serious charges of misconduct against the petitioner. Relying on the case of A. R. Antulay v. R. S. Nayak, (1992) 1 SCC 225 : (1992 Cri LJ 2717) he canvasses that the petition be dismissed.