9911796707
TMI Blog2004 (3) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... ehgarh. According to the complainant on 7th November, 1985 when the appellant visited the said place several patients were present. The appellant asked the complainant to bring water. When the complainant brought water, he was insulted by the appellant who said to him "I do not want to spoil my religion by drinking water from your hands. How have you dared to give water" and started abusing him. The complainant has filed a complaint in the court of Chief Judicial Magistrate alleging commission of offence punishable under Section 7 of the Protection of Civil Rights Act, 1955 (hereinafter referred to as 'the Act'). The practice of untouchability in any form has been forbidden by Article 17 of the Constitution of India which inter ali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suing the process was challenged by the appellant in a revision petition filed before the Sessions Judge which was dismissed. On a petition filed under Section 482 of the Code, the orders of the Additional Chief Judicial Magistrate taking cognizance as also of the Sessions Judge were set aside by the High Court by judgment dated 26th May, 1988 and the case was remanded to the trial court to proceed according to law keeping in view the observations made in the judgment. The High Court inter alia observed that the trial court should consider the entire material available on record before deciding whether the process should be issued against the accused or not. After remand, on consideration of the material on record, the Magistrate again rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te passed the order without considering the entire material on record. The High Court held that no case for exercising inherent powers under Section 482 of the Code was made out. Challenging the judgment of the High Court, the appellant is before this Court on grant of leave. This Court had stayed the proceedings before the Magistrate pending decision of the appeal. The contention urged is that though the trial court was directed to consider the entire material on record including the final report before deciding whether the process should be issued against the appellant or not, yet entire material was not considered. From perusal of order passed by the Magistrate it cannot be said that the entire material was not taken into consideration. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y interference in exercise of inherent powers under Section 482 of the Code. Mr. Jain urged an additional ground for quashing the order. Learned counsel contends that the appellant is facing the criminal proceedings for the last 19 years and, therefore, the proceedings deserve to be quashed on the ground of delay. Support is sought from S.G. Nain v. Union of India ([1995] Supp. 4 SCC 552), Bihar State Electricity Board & Anr. v. Nand Kishore Tamakhuwala ([1986] 2 SCC 414) and Ramanand Chaudhary v. State of Bihar & Ors. ([2002] 1 SCC 153). In these cases, the criminal proceedings were quashed having regard to peculiar facts involved therein including this Court also entertaining some doubts about the case being made against the accused. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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