Accused wants attempt to murder charge quashed
An accused, facing an attempt to murder charge, has approached the Bombay high court seeking the case against him to be quashed because the matter has continuously been adjourned before a magistrate's court for the past 21 years.mumbai Updated: Oct 03, 2011 00:52 IST
An accused, facing an attempt to murder charge, has approached the Bombay high court seeking the case against him to be quashed because the matter has continuously been adjourned before a magistrate's court for the past 21 years.
Moreover, the petitioner accused, Aslam Sahib, states that FIR records have vanished from the lower court.
A division bench of justice AM Khanwilkar and justice PD Kode directed additional public prosecutor Pradeep Hingorani to file a reply within two weeks.
Petitioner's lawyer Sushan Kunjuraman said the case should have been committed to the sessions court for trial, however, it has been lingering before the Naupada magistrate's court since 1989.
Sahib was arrested along with five others in November 1989 for attempt to murder and under various sections the Arms Act.
Following police custody and judicial custody, all the accused were released on bail in December of the same year and a chargesheet was filed the following year.
The petition states that one of the accused died, supposedly in a police encounter in 2001. Even one of the complainants, Sudhir, expired in 2010. Sahib has aggrieved that the case has been adjourned since 1989 with the last hearing in May 2011, during which it was adjourned again.
Sahib said he and the remaining accused have been living with the under trial tag for the past 21 years through no fault of theirs. Even the copy of the FIR is not traceable in the Naupada court, petition states.
The petitioner has now urged the court to call for the records and proceedings of the case from the Naupada court and quash the criminal proceedings against them.
Petition also says that the proceedings deserve to be set aside since there has not been the slightest progress in the trial for which the prosecution is responsible.
The case has also not been committed to the session court for trial in all these years, petition states.