Law: Criminal Procedure Code (V of 1898)

Section: 516-A

(a) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Case not proceeding for 6 years because of pendency of writ petition and absence of one accused or other-Delay in proceedings not merely because of faults and failures of prosecution-No ground, held, made out for quashment on score of delay. There were four continuous adjournment, though the Magistrate had ordered that no further adjournment will he granted. The resume of the events narrated clearly shows that the delay in the proceeding was not only because of the faults and failures of the prosecution. For 6 years, the case could not proceed, because of the pendency of the writ petition and the absence of one accused or the other. Held: There is no ground made out for quashment on the score of delay. (b) Criminal Procedure Code (V of 1898) S. 561-A----Quashment of proceedings - Contention that evidence recorded not having made out any case against petitioner, proceedings deserved to be quashed-Spate witnesses still remaining to be examined and what they have to say yet to be seen-Not possible even from recorded evidence to conclude no connection of petitioner with alleged crime-No ground, held, made out for quashment of proceedings. Date of hearing: 19th September 1973.                                                                                                                        JUDGMENT The circumstances in which this quashment proceeding has arisen are as follows: 2. In the month of December, 1964 a case was registered against the petitioner and five other persons for an offence under section 167(8-A) and (81) of the Sea Customs Act, 1878. The charge-sheet against them was submitted on 16-12-1965 and the calendar of witnesses shows 33 witnesses. Till today only six witnesses have been examined. The application has therefore been made by the petitioner for the quashment of the…