Supreme Court DecisionsQuashing of Proceedings on ground of delay in initiation of criminal proceedings

November 30, 20150

Supreme Court of India on Quashing of Proceedings on ground of delay in initiation of criminal proceedings/filing criminal complaint under Artilce 21 of  Constitution of India held that

While it is true that cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry, cases not covered by statutory bar can be quashed on ground of delay in filing of criminal complaint in appropriate cases.

In such cases, question for consideration is, whether there is violation of right of speedy trial, which has been held to be part of Art. 21 of Constitution, having regard to nature of offence, extent of delay, person responsible for delay and other attending circumstances.

However, mere delay in completion of proceedings, may not be, by itself, a ground to quash proceedings, where offences are serious but court, having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of given case, may quash proceedings in exercise of jurisdiction under S. 482 CrPC, in the interest of justice and to prevent abuse of process of court.

[Sirajul v. State of U.P., (2015) 9 SCC 201]

Leave a Reply

Your email address will not be published. Required fields are marked *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.