JUDGMENT
B.J. Shethna, J.
1. Admit. Issue notice to the other side.
2. Learned Public Prosecutor accepts notice for the State of Rajasthan.
3. Heard learned Counsel for the parties.
4. Learned Magistrate by his impugned order dated 8.11.1996 dismissed the application filed by the petitioner accused to drop the proceedings in view the Apex Court’s judgment in common cause case reported in ? 1996 SC 1619; only on the ground that after the trial is commenced, the case cannot be dropped. This view of the learned Magistrate is wholy erroneous.
5. The case under Section 323, IPC, which is of a trivial nature, if is pending against the petitioner accused since 1988. It is a case of protracted trial which cannot be allowed to be continued in view of the peculiar facts and circumstances of the case. In view of the above, this petition is allowed. The impugned order dated November 8, 1996 passed by the learned Magistrate rejecting the application to drop the proceedings is set aside and the proceedings pending before the Court of Judicial Magistrate, Chirawa in Cr. Case No. 49/89 is hereby quashed.
6. The petition is allowed accordingly.