Law: Criminal Procedure Code (V of 1898)

Section: 561A, 491

Criminal Procedure Code (V of 1898), S. 561-A read with S. 491-Quashment of proceedings- Quashment of criminal ease sought on ground of delay in its disposal despite specific direction of High Court to dispose of same within a month-Delay, however, occasioned partly due to petitioner's application sent to High Court and Governor's Inspection Team-Entire prosecution evidence record ed and only judgment remaining to be given by trial Court-Petition under S. 491, Cr. P. C. rejected, In circumstances, with a direction to trial Court to dispose of matter within 15 days.                                                                                                                         ORDER The petitioner is present in person. He was called for specially from Lyallpur Jail at his own request, to enable him to personally plead his case before me. I have heard him at great length. I had ordered on 9-2-1971 that his Case No. 5/68 pend ing in the Court of Resident Magistrate, Kamalia should be disposed of within one month. His grievance is that it is not yet been disposed of although a full year has passed. I have made a thorough inquiry in that connection and have also called a report from the High Court office as well as the Deputy Com missioner Lyallpur (which have been placed on the record). It appears from the report that the delay was caused due to two reasons: (1) That the petitioner had made a number of applications both to the High Court and to the Governor's Inspection Team the disposal of which took considerable time. The Governor's Inspection Team sent the file back to the Deputy Commissioner, Lyallpur and intimated the Registrar of this Court vide memo. dated 9-6-1971. The file however kept on lying in the office of the Deputy Commissioner, Lyallpur and was not sent to the earned trial Court. The Deputy Commissioner has reported that the file…