- (1.) This misc. petition is directed against the order dt. 30-10-1996 passed by the learned Chief Judicial Magistrate, Sri Ganganagar whereby he dismissed the application of the petitioners for closing the case in the light of the judgment in the case of "Common cause".
(2.) Mr. Garg contends that the challan was submitted on 7-12-1993 and the trial had not started for more than 2 years, and hence the case of the petitioners fall in the category No. 2(b) of the Judgment of the Apex Court and the proceedings are liable to be quashed.
(3.) Learned Public Prosecutor contends that the trial of a case instituted on a police report starts u/S. 238 Cr.P.C. i.e. on the date the accused appears before the Magistrate and the copies are supplied to him and hence the petitioner's case is not covered by the Common Cause case. He relies on the case of V. C. Shukla v. State through CBI, (AIR 1980 SC 962) : 1980 Cri LJ 690. ;