- (1.) D. K. Trivedi, J. By means of this writ petition
(2.) THE petitioner prays for quashing of THE proceedings initiated on THE basis of case Crime No. 62 of 1979 under Section 409,1. P. C. Police Station G. R. P. Lucknow, pending in THE Court of THE Judicial Magistrate, Lucknow. The petitioner was employed as Checking Clerk in the Parcel Officer Northern Railway, Charbagh, Lucknow during the period from 4-1-197j1 to 6-1-1979. It is said that the petitioner received various packages from one Hari Om, who was posted as unloading Clerk. It is said that the said packages contained Chappals and the said packages were in good condition when received by the petitioner. At the time of receipt of the said packages consignee pointed out that some of the packages are damaged hence open delivery was made to the consignee. It appears that in one of the packages 39 paiis of Chappals were found instead of 40 pairs This shows that there was a shortage of one pair of Chappals. The cost of the said pair of Chappals as disclosed in the counter affidavit was Rs. 11. 95 paise. On this basis a case was registered and proceeded against the petitioner. The incident as pointed out took place in the year 1979, and it is said that the applicant had tampered with the packages and removed one pair of Chappals dishonestly and criminally misappropriated the property entrusted to him. Since then the case is pending and finally an application was moved in the year 1984 by the applicant under Section 239, Cr. P. C. The said application was rejected and therefore, the petitioner filed the present petition challenging the said proceedings on the ground that the case is of very trivial nature and, in fact, even according to the prosecution case only one pair of Chappal was found missing at the time of delivery out of 232 bundles. The cost of the said pair of Chappal as mentioned above is also only Rs. 11. 95 paise. The petitioner has already suffered the mental agony and had attended the case in court on several occasions and, therefore, keeping in mind the nature of the case and the charge, in my opinion, it would not be proper now after a lapse of about 14 years to direct the court concerned to proceed with the cases. In these circumstances the present petition is allowed and the proceed ings of Case No. 2197 of 1983, State v. Sheo Prasad Kharey, under Section 409, I. P. C. Police Station G. R. P. , Lucknow pending in the Court of the Judicial Magistrate, Lucknow is hereby quashed. Petition allowed. .;