JHUMARMAL DUDHARIA - COMPLAINANT Vs. MAGANLAL DHADA- ACCUSED-OPPOSITE PARTIES

JUDGEMENT

(1.) THIS criminal revision under Section 439 of the Criminal Procedure Code is filed against an order dated 29.12.1972 passed by Shri A. Mazid, Additional District Magistrate (Judicial), Tezpur in C. R. Case No. 497 of 1972 holding that there is no prima facie case against accused Sampatlal under Section 307 of the Indian Penal Code, however, framing charges against accused persons under Sections 452/323/34 of the Indian Penal Code and the judgement and order dated 28.7.1973 passed by Shri S. Haque, Sessions Judge, Darrang at Tezpur in Criminal Motion No. 8 of 1973, rejecting the application of the petitioner under Section 435/437 of the Code of Criminal Procedure.

(2.) IT is really unfortunate that a matter so old is still pending on account of the delay in disposal of a preliminary point as to whether the accused persons should be committed to the Court of Session on framing charges under Section 307 of the Indian Penal Code against one of the accused persons.

(3.) IT may be stated here that the incident had happened as far back as on 26.4.1972. Such a delay is definitely telling both on the complainant as also on the accused persons. I find from the record that neither the trial court nor the learned Sessions Judge nor this Court was any way responsible for the delay in question.