2001 Supreme(Raj) 1831
H.R.PANWAR
Gauri Shanker – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioners:M.K. Garg, Advocate.
For the Respondent: Ramesh Purohit, Public Prosecutor.
JUDGMENT
1. - By this criminal misc. petition under section 482 Cr.RC., petitioner seeks quashing of criminal proceedings pending against him before the trial court. The petitioner is facing trial for offence under section 411 I.RC. the petitioner filed an application before the trial court on 31.1.2001 for closing of prosecution evidence and decision on the basis of whatever evidence recorded by the trial court. Vide order dated 3.2.2001, the trial court dismissed the said application.
2. By this petition, the petitioner seeks quashing of whole proceedings on the ground that petitioner is facing trial for last 7 years and the trial could not be completed even after completion of 7 years. The offence for which the petitioner is charged, is under section 411 IPC, which is punishable with imprisonment for 3 years.
3. It is contended by the learned counsel for the petitioner that a case in which the punishment prescribed is for a period of 3 years and if the prosecution does not complete its evidence within a period of 2 years from the date of framing of charge, then the evidence of the prosecution should be closed. Learned counsel for the petitioner placed reliance on a judgment of the
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