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1999 Supreme(Raj) 1357

G.L.GUPTA
Daulat Ram Sindhi – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Through this misc. petition under section 482 Cr.P.c., the petitioner seeks the quashment of proceedings pending against him in the Court of Special Judge. Bhilwara under section 3/7 of the Essential Commodities Act for contravening provisions of Rajasthan Trade Food Grains & Other Essential Articles (Regulation of Distribution) Order. 1976.

2. Mr. Shishodia pointing out that the case was instituted against the petitioner on 27.2.1989 and till today no witness has been examined, contended that continuance of the proceedings against the petitioner is abuse of the process of the Court. Relying on the cases of San rash De v. Archna Guha, AIR 1994 SC 1229 & Hemraj v. State of Rajasthan, 1995 Cr.L.R. (Raj.) 24 he submitted that the proceedings against the petitioner be quashed.

3. The learned Public Prosecutor on the other hand, admitting that there has been delay in the trial of the case, contended that the charges against the petitioner are of serious nature. and therefore, this Court should not quash the proceedings. Relying on the case of A.R. Antulay v. R.S. Nayak, (1992) 1 SCC 225 he canvassed that keeping in view that the offence is against the society, this Cou










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