LOKESH KUMAR JAIN versus STATE OF RAJASTHAN

LOKESH KUMAR JAIN versus STATE OF RAJASTHAN

Delay caused by the respondent in investigation and non-availability of original records renders further investigation futile; constitutional guarantee of speedy investigation and trial under Article 21 violated; appellant exonerated in departmental proceedings for identical charges; FIR is quashed under S.482 CrPC.

Parties
Appellant: Lokesh Kumar Jain; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
09 July 2013
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court's Refusal to Quash FIR
Outcome
appeal allowed
Legal Topics
Quashing of FIR, Abuse of Process, Speedy Investigation and Trial, Departmental Exoneration
Criminal Law Constitutional Law Quashing of FIR Abuse of Process Speedy Investigation and Trial Departmental Exoneration

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Parties

Lokesh Kumar Jain

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court's Refusal to Quash FIR

Legal Issues

  1. 1 Whether the FIR should be quashed under Section 482 CrPC due to inordinate delay and exoneration in departmental proceedings
  2. 2 Whether continued investigation violates the constitutional guarantee of speedy investigation and trial under Article 21

Ratio Decidendi

Delay caused by the respondent in investigation and non-availability of original records renders further investigation futile; constitutional guarantee of speedy investigation and trial under Article 21 violated; appellant exonerated in departmental proceedings for identical charges; FIR is quashed under S.482 CrPC.

Court Disposition

appeal allowed

Orders

  • FIR No. 10/2000 at Police Station, Dausa against the appellant is quashed