MANMOHAN VAIDYA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. The present ap plication has been filed to quash the proceeding in case No. 1612 of 1980, State v. Manmohan Vaidya, pending in the court of IInd A. C. M. M. , Kanpur Nagar. In addi tions to the State the respondent No. 2 Ravi Dutt Sharma also appeared and was heard.

(2.) THE concerned case was initiated when an F. I. R. was lodged by the present applicant himself alleging a theft in his house, after a lurking house trespass by night. A case Crime No. 716 dated 8-10-1978 under Sections 457 and 380,i. P. C. was registered. After investigation, however, police found that it was Manmohan Vaidya himself who had misappropriated the property shown to have been stolen. Ac cordingly, a case under Section 406,i. P. C. was found against him and a charge-sheet was submitted prior to the year 1980.

(3.) AFTER receipt of the records in the trial Court the case was posted for evidence but for some reason of other the case stood adjourned for days, months and years. A copy of the order-sheet indicates that on certain dates, adjournment was ob tained at the instance of the ac cused/present applicant. On 27-8- 1982 and 13-9-1982 the first witness for the prosecution was examined and an applica tion was filed by Ravi Dutt Sharma to summon on Gayatri Devi under Section 319, Cr. P. C. This was disallowed by the trial Court and a revision application was filed vide Criminal Revision No. 253-M/83 by Ravi Dutt Sharma. This revision ap plication stood dismissed by an order of the 15th Additional Sessions Judge Kanpur. The loss of this time is not due to the present applicant. The matter again came back to the trial Court.