Sandeep Mehta, J. - (1.) The present miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings of the charge-sheet No. 162A/2003 arising out of the F.I.R. No. 161/2003 of the Police Station, Mahamandir, Jodhpur for the offences under Sections 147, 451, and 323 Indian Penal Code pending in the Court of the Principal Magistrate, Juvenile Justice Board, Jodhpur whereby cognizance was taken against the petitioners for the aforesaid offences and accusation of the offences has been read over to them in this matter.
(2.) Succinctly stated, the facts of the Kaise are that an F.I.R. was registered at the Police Station, Mahamandir, Jodhpur for the offences under Sections 451, 147 and 323 Indian Penal Code by one Bhagirath Bishnoi on 24.4.2003 against Rajendra Dave, Vishal Dave and five other unknown persons with the allegation that the accused persons started pelting stones towards his house and thereafter all of them trespassed into his house and started assaulting the brothers of the first informant, namely Devendra, Prem Chand and Shrawan by Lathis, fists and kicks. It was alleged that Vishal Dave caused an injury on the head of Devendra by a Lathi, due to which he became unconscious and thereafter the neighbourers intervened and saved them and then the accused fled away. On the basis of the F.I.R. the investigation ensued and on the' conclusion of the investigation, a charge-sheet was filed against the accused Rajendra Dave, Vishal Dave, Vikas Dave and Dhanraj in the Court of the learned Additional Chief Judicial Magistrate No. 2, Jodhpur on 12.9.2003. The investigation was kept open as regards the remaining accused, i.e. the petitioners. It appears that thereafter the Investigating Agency lost track of the file and no further action was taken in the matter, on which Vipul Joshi approached this Court by way of S.B. Criminal Miscellaneous Petition No. 661/2011 with the prayer that the investigation was being kept pending against three accused for no justification whatsoever and thus the same should be quashed.' The Investigating Officer K.S. Bhati appeared before this Court on 23.1.2012 and submitted a report that the charge-sheet could not be filed in the matter because of the negligence of a Police Constable and assured the Court that the result of the investigation would be filed forthwith. Accordingly, the result of the investigation has, now, been filed in the Juvenile Justice Board, Jodhpur because admittedly all the three remaining accused persons (i.e. the petitioners herein) were juveniles on the date of commission of the offence, being under the age of 18 years. The Principal Magistrate, Juvenile Justice Board, Jodhpur, has thereupon registered the case and taken cognizance and also read over accusation of the offences to the petitioners by the impugned order dated 13.2.2012, hence the instant miscellaneous petition seeking quashing of the proceedings going on against the petitioners.
(3.) Learned counsel for the petitioners submits that the charge-sheet has been filed against the petitioners after a great delay of nearly eight years of commission of the offences. He submits that the petitioners are not responsible for the delay occasioned in filing of the charge-sheet and, thus, the charge-sheet filed against the petitioners and the impugned order taking cognizance deserve to be quashed on the ground of delay, which has been occasioned in this case.;