PRINCE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned Senior counsel appearing for the petitioner and Mr. Vineet Kumar Vashistha, learned A.P.P. for the State.

(2.) This petition has been filed for quashing the order dtd. 10/1/2022 passed by the learned Sub Divisional Judicial Magistrate, Gumla in Spt. G.R. Case No.639/1992 arising out of Ghaghra P.S. Case No.70/1992, pending in the court of the learned Sub Divisional Judicial Magistrate, Gumla.

(3.) Mr. A.K. Kashyap, learned Senior counsel appearing for the petitioner submits that the petitioner has earlier moved before this Court in Cr.M.P. No.403 of 2016 which was filed for examination of one witness under Sec. 311 Cr.P.C. The said petition was disposed of vide order dtd. 7/12/2021 with direction that the petitioner on the date fixed by the trial court will examine P.W.3. He further submits that on 14/12/2021, the said P.W.3 was recalled and on the same day he was examined by the petitioner and thereafter P.W. 3 was discharged. He also submits that a petition was filed on behalf of the accused to exhibit mark the Departmental Enquiry report dtd. 20/10/1995 by which the petitioner was exonerated by the departmental proceeding. He further submits that the learned court below has rejected the said petition on the ground that the case is pending since 1992 and the petition filed by the petitioner is mischievous one and against the procedural law and not maintainable in law.