JUDGMENT

Shah, J.-Leave granted.

2. An FIR was registered under Section 302 IPC on a fardbayan of appellant on 5.8.1979. Thereafter, against the report submitted by the Investigating Officer, appellant filed Protest Petition stating that police has colluded with the accused persons. In that petition, five witnesses were examined who supported the FIR. It is the say of the appellant that in the meantime, he was taken into custody in connection with another offence under Section 302 IPC and remained in jail custody for more than 11 years and was released only in 1997.

3. It is his further say that from the jail itself, he was trying to find out what had happened to the FIR lodged by him. After release, it was noticed that for unknown reasons the said proceedings were not listed before the C.J.M. from 1990 to the year 2000. Ultimately, appellant made inquiry and he was able to trace out the file which was placed before the ACJM who took cognizance of the offence against the respondent accused for the offence punishable under Section 302 IPC on 28.1.2000 and passed the following order:-

"Due to non entry in the diary and due to missing of the file the case was put up by today. Attendan