R K Purohit vs State Of Rajasthan
2021 Latest Caselaw 17715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 5958/2021

R K Purohit

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Ms. Alka Joshi For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2021

Learned counsel for the petitioner submits that the criminal

proceedings came to be initiated against the petitioner in respect

of an inspection made in the year 2004. He is facing the rigour of

trial since 2005.

Accordingly, a complaint was submitted for violation of

contravening the penal provisions of Factory Act, 1948. He

submits that since long the trial has been protracted for one and

the other reasons and thus, the fundamental rights as guaranteed

by Constitution of India has been infringed. He drew attention of

this Court towards the judgment passed by the Hon'ble Supreme

Court in the case of Vakil Prasad Singh Vs. State of Bihar

reported in AIR 2009 SC 1822, Abdul Rehman Antulay Vs.

R.S. Nayak (1992) 1 SCC 225 and in the case of Hussainara

Khatoon and Ors. Vs. Home Secretary State of Bihar

reported in AIR 1979 SC 1369 and thus prayed that

continuation of further proceedings in this matter would certainly

tantamount to abuse of process of law.

(2 of 2) [CRLMP-5958/2021]

Issue notice to the respondents.

Learned Public Prosecutor accepts notice on behalf of the

respondent No.1-State and prays for and is granted time to file

reply.

Let notices be issued to respondent No.2, returnable within

eight weeks.

In the meanwhile, further proceedings in Criminal Regular

Case No.11/2016 pending before the Special Additional Chief

Judicial Magistrate, PCPNDT Court, Jodhpur Metro shall remain

stayed.

Put up after eight weeks.

(FARJAND ALI),J

37-Arun/-

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