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2014 DIGILAW 1351 (RAJ)

Suraj Mal v. State of Rajasthan

2014-07-07

VIJAY BISHNOI

body2014
JUDGMENT 1. - This Criminal Misc. Petition No. 944/2014 has been registered on the basis of a letter dated 3.2.2014 received from the Judicial Magistrate, First Class, Merta. 2. Brief facts of the case are that one Jagdish Narayan Sharma was facing Trial in Court of Judicial Magistrate, First Class, Merta in Criminal Original Case No. 57/1994 for the offence punishable under Sections 325 and 323 I.P.C. During the pendency of the trial, an application was preferred on behalf of the accused Jagdish Narayan Sharma on 4.2.1999 with the prayer for discharging him from the charges, for which he was facing trial on the basis of law laid down by the Hon'ble Apex Court in "Common Cause" A registered Society through its Director v. UOI & Ors. reported in 1996 Cr.L.R. (SC) 430. The said application was allowed by the Trial Court and the Trial Court discharged the accused Jagdish Narayan Sharma for the offence punishable under Sections 323, 375, I.P.C. in Criminal Original Case No. 57/1994 vide order dated 1.11.2000. 3. Being aggrieved with the order dated 1.11.2000, the State as well as complainant Surajmal preferred Revision Petitions No. 13/2001 and 14/2001 respectively before the Sessions Court, Merta. The Revision Petition No. 13/2001 filed on behalf of State was rejected by the Sessions Court, Merta while treating the same as time barred. However, the Revision Petition No. 14/2001 filed by the complainant Surajmal was dismissed by the Sessions Court vide order dated 19.7.2002 while treating the same as not maintainable. 4. Being aggrieved by the orders dated 19.7.2002 and 1.11.2000, the complainant Surajmal filed S.B. Criminal Misc. Petition No. 499/2004 and prayed for quashing of the aforesaid impugned orders. 5. This Court vide order dated 5.7.2007, has disposed of the Criminal Misc. Petition No. 499/2004 by passing following order:- " Heard learned Counsel for the parties The judgment in the case of common cause does not hold the field discharging the accused on the basis of that decision, is not a correct approach. Hence, the Trial Court will proceed in accordance with law. The petition is disposed of." 6. Pursuant to the order dated 5.7.2007, the complainant Surajmal preferred an application before the Trial Court on 11.1.2007 and on the basis of the said application and the order dated 5.7.2007 passed by this Court, the trial of the Criminal Original Case No. 57/1994 was revived. 7. The petition is disposed of." 6. Pursuant to the order dated 5.7.2007, the complainant Surajmal preferred an application before the Trial Court on 11.1.2007 and on the basis of the said application and the order dated 5.7.2007 passed by this Court, the trial of the Criminal Original Case No. 57/1994 was revived. 7. The Judicial Magistrate, First Class, Merta wrote a letter to this Court on 3.2.2014 and expressed his inability to proceed further with the trial because the record pertaining to the Criminal Original Case No. 57/1994 was already weeded out by the Trial Court and the same is also not available in the office of the Assistant Public Prosecutor and in the office of the Police Station, Merta City. It is also mentioned in the letter that the complainant Surajmal has also shown his inability to produce the documents relevant for the purpose of the deciding the Criminal Original Case No. 57/1994. As the documents related to the Criminal Original Case No. 57/1994 have been weeded out by the Trial Court and have also been weeded out by the police, the Trial Court has informed this Court about the difficulties in proceeding further with the trial of the Criminal Original Case No. 57/1994. 8. In the above backdrop, this Court on 26.5.2014, issued notice to the complainant Surajmal. The said notice was duly served upon Surajmal on 2.7.2014, however none has put in appearance on behalf of Surajmal. 9. When the original record of the Criminal Original Case No. 57/1994 - State v. Jagdish pending in the Court of Judicial Magistrate, First Class, Merta is not available and the complainant or the police being a prosecuting agency is not able to furnish the relevant documents to the Court, it is not possible for the Trial Court to proceed further with the trial. 10. In such circumstance it is ordered that the Criminal Original Case No. 57/1994 pending in the Court of Judicial Magistrate First Class, Merta is treated to be closed. A copy of this order be sent to the Judicial Magistrate, Merta.Order accordingly. *******