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2018 Supreme(Del) 2196

R.K.GAUBA
Rakesh Mohan Sharma – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rajiv K. Garg, Advocate with Mr. Ashish Garg, Advocate along with Petitioners in person.
For the Respondents: Mr. Amit Ahlawat, APP for the State Mr. Shaju Francis, Adv. with Mr. Abhishek Soni, Adv.

ORDER :

1. The case at hand might possibly go down in the legal history as an illustration of how the judicial process can be defeated as long as one wants if those responsible fail to exercise control. The proceedings in a criminal case arising out of first information report (FIR) No.774/2000, registered by Police Station Connaught Place, involving offences allegedly committed under Sections 409/420/506/34 of the Indian Penal Code, 1860 (IPC), in which report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were instituted way back on 14.11.2003 and have been successfully kept stalled for almost fifteen years with not a single effective step taken.

2. The petition at hand invoking the jurisdiction of this court under Section 482 Cr.P.C. with the prayer for quashing of the criminal case was brought on 09.03.2015 on the basis of some terms settled with the complainants’ side but has remained pending now for over 3½ years, the pendency of these proceedings and some of the orders passed therein having also been misused to keep the Metropolitan Magistrate at bay from making any progress. Unfortunately, all agencies involved including the prosecution, th





























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