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1994 DIGILAW 5 (RAJ)

Madan v. State of Rajasthan

1994-01-03

N.L.TIBREWAL

body1994
JUDGMENT 1. - The short question before me is, whether the criminal proceedings for offence under Sections 323, 147 and 149 IPC should be allowed to continue after expiry of 15 years. 2. In brief, the facts of the case are that one Ram Lal lodged a report at police station, Sadar, Jaipur City on 13.7.1978. On this report, the Police registered a criminal case for offences under Sections 147 and 323 IPC; and after investigation, submitted a charge sheet against some of the accused persons. 3. It appears that on 3.8.1978, a charge sheet was filed by the Police against 40 accused persons and substance of accusation were stated to them on 3.10.1980. A complaint was also filed on 6.11.1978 by the non-petitioner against the petitioner. On the complaint case, the learned Magistrate took cognizance under Sections 148, 149 and 307 I.P.C. However on a revision petition, the learned Additional District Judge No. 2, Jaipur City, Jaipur vide his order dated 20.5.1983 discharged the accused persons from the offence under section 307 IPC and remanded the case to the trial Magistrate to proceed in accordance with law. The order of the learned Addl. Sessions Judge was challenged by the complainant before this court, but without any success. 4. As stated earlier, the incident is of the year 1978 and the offences under which congnizance was taken are, under Sections 147 and 323 IPC only. More than 15 years have passed and no progress in the trial of the case has taken place, even after the substance of the accusation was stated to the accused persons. I am of the view that to allow criminal proceedings after 15 years for such petty matters would be travesty of justice and this court, as well as, the Apex Court of the country have taken a constant view that in a suitable case, proceedings should be quashed on the ground of delay itself. The present case is one of such nature, therefore, without going into the merits of the impugned order of the learned Magistrate, I hereby quash the criminal proceedings against the petitioners in Criminal Case No. 509/90 pending in the court of Additional Chief Judicial Magistrate No. 5, Jaipur City, Jaipur. 5. The petition is allowed as indicated above. *******