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Criminal Miscellaneous No. 558/Q of 1976, heard on 14th February 1977.
--‑S. 561‑A‑Quashment of proceedings‑Delay‑Case remanded by lower appellate Court for retrial for cross‑examination of Investigating Officer with direction to dispose of case within specified time‑Direction of lower appellate Court not complied with and petitioners facing pangs of protracted trial for last five years ‑ Proceedings quashed, in circumstances. [Quashment of proceedings‑Delay].
Riaz Kayani for Petitioner.
Nemo for the State.
Date of hearing : 14th February 1977.
A case under section 324134, P. P.C. was registered at Police Station, Mebal on 14‑11‑71. After investigation, the challan was submitted under sections 307, 324, 325/34, P. P. C. The accused were convicted, on 30‑3‑76, under section 325/34, P. P. C. and sentenced to undergo R. I for six months. They were further convicted under section 324/34, P. P. C. and sentenced to R. I. for four months. Both the sentences were ordered to run concur rently. The convicts preferred an appeal. Bashir Ahmad complainant filed revision petition. The appeal and the, revision petition were disposed of by the learned Sessions Judge, on 24‑6‑6. The appeal was accepted and the case was sent back for re‑trial on the ground that the Investi gating Officer had not been examined. The learned Sessions Judge gave a direction to the trial Court that the case should be disposed of before the end of July 1976, as the accused were experiencing the pangs of protracted trial. The case could not be completed as directed by the learned Sessions Judge. This petition has been filed under section 561‑A, Cr. P. C, for quashing the proceedings on the grounds of inordinate delay in the disposal of the case and also for the reason that the direction of that the learned Sessions Judge had not been complied with.
2. The petitioners are facing the trial for the last more than five years. The direction of the learned Sessions Judge has not been complied with. An accused person is entitled to speedy justice. The case cannot be kept pending for an indefinite time. Since the direction of the learned Sessions Judge has not been complied with and the case is pending for the last five years, I hold that continuance of proceedings would amount to an abuse of process of Court, The petition is accepted and the proceedings are quashed.
Proceedings quashed.
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