(1.) Petitioner Dinesh Chandra, who is facing trial under section 447 and 427 Penal Code in the Court of Addl. Chief Judicial Magistrate, Salumber, has filed two misc. petitions. Through petition No. 638/97 the petitioner seeks the quashment of criminal proceedings pending against him on the ground of protracted trial. In the second petition, the order dated 12.8.97 passed by the learned Addl. Sessions Judge upholding the order of Addl. Chief Judicial Magistrate has been called in question.
(2.) Mr. Shah, learned counsel for the petitioner, pointing out that in this matter though the police had given final report, the learned Magistrate proceeded to take cognizance vide order dated 14.10.87, contended that the proceedings against the petitioner be quashed as not a single prosecution witness has been examined as yet. His contention was that in view of the judgment of the Common Cause a Registered Society Vs. Union of India 1996 Cr.LR (SC) 430 this Court should direct the closure of the case. His further contention was that the act of the petitioner in removing the encroachment from the municipal land related to his duty, and therefore, the petitioner is entitled to protection under section 197 Crimial P.C. and as he has been prosecuted without obtaining sanction from the State Government, the proceedings against him be quashed.
(3.) The learned P.P., on the other hand, contended that the petitioner himself is responsible for the delay caused in the disposal of the case. His further submission was that it could not be the duty of the petitioner to damage the property causing loss of thousands of rupees to the Public Works Department.