SIRAJUL & ORS. versus THE STATE OF U.P. &ANR.

SIRAJUL & ORS. versus THE STATE OF U.P. &ANR.

Considering the nature of allegations, the conduct of respondent No.2 (the complainant), the entirety of the circumstances and the gross delay of 16 years after the incident before filing the complaint, and respondent's prior conviction in the cross case, it is unfair and unjust to permit such prosecution; proceedings are quashed in exercise of jurisdiction under Section 482 Cr.P.C. to prevent abuse of process and in the interest of justice.

Parties
Appellants: Sirajul & Ors.; Respondents: The State of U.P. & Anr.
Jurisdiction
India
Judgment Date
06 July 2015
Procedural Posture
Criminal Appeal / Supreme Court Final Decision
Outcome
Appeal allowed; proceedings quashed
Legal Topics
Delay in Criminal Proceedings, Limitation, Right to Speedy Trial, Quashing of Proceedings, Section 307 IPC, Section 482 Cr.p.c.
Criminal Law Delay in Criminal Proceedings Limitation Right to Speedy Trial Quashing of Proceedings Section 307 IPC Section 482 Cr.p.c.

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Parties

Sirajul & Ors.

Appellants

The State of U.P. & Anr.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether delay in filing criminal complaint warrants quashing under Section 482 Cr.P.C.
  2. 2 Whether right to speedy trial under Article 21 of Constitution has been violated

Ratio Decidendi

Considering the nature of allegations, the conduct of respondent No.2 (the complainant), the entirety of the circumstances and the gross delay of 16 years after the incident before filing the complaint, and respondent's prior conviction in the cross case, it is unfair and unjust to permit such prosecution; proceedings are quashed in exercise of jurisdiction under Section 482 Cr.P.C. to prevent abuse of process and in the interest of justice.

Court Disposition

Appeal allowed; proceedings quashed

Orders

  • Impugned order set aside.
  • Proceedings in Criminal Complaint Case No.1066 of 2008, pending in the Court of Judicial Magistrate-II, Hardoi, quashed.