L RAMACHANDRAN Vs. STATE

JUDGEMENT

(1.) RELYING upon the decision in D.R.Devarajan v. State, 1985 L.W. (Crl.) 77 in which it is held that the long delay in investigation covering 9 years and odd caused prejudice to the accused and consequently, the proceedings are liable to quashed, the petitioner has filed this petition under Sec.482, Crl.P.C. seeking to quash the present proceedings against the petitioner in C.C.No.528 of 1998 on the file of the Judicial Magistrate No.II, Trichy, which was taken on file for the offences under Secs.468, 471, 465, 409, I.P.C.

(2.) MR.Venkataraman, the learned counsel for the petitioner, would submit that the alleged offences took place in the year 1986 and through departmental action, he was suspended from service and subsequently, as per the order of the Tribunal, he was reinstated into service and only two years thereafter, a complaint was registered against him by the respondent-police in the year 1988 and after 9 years thereafter, the charge-sheet had been filed against the petitioner in the year 1997 and as such, the same is liable to be quashed.

(3.) THOUGH the learned counsel for the petitioner would refer about so many proceedings before the Tribunal from where the petitioner was able to get reinstatement order and consequently, the petitioner was subjected to mental torture for all these years, the said contention cannot be of any use to conclude that the proceedings arising out of the charge-sheet is liable to be quashed.