Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quashing of FIR Investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s.482 - Quashing of FIR - Investigation pending for more than nine years - In departmental inquiry on identical charges, appellant exonerated in inquiry report - Held: The instant case is a fit one, where High Court should have exercised its power u/s 482 - Records have not been made available to investigating agency - Keeping the investigation pending will be futile as the department is not sure whether original records can be procured for investigation to bring home the charges -- Considering the fact that delay is caused by respondent, the constitutional guarantee of a speedy investigation and trial under Art. 21 of the Constitution has been violated and as appellant has already been exonerated in departmental proceedings for identical charges, FIR is quashed - Constitution of India, 1950 - Art. 21 - Speedy investigation/trial. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 453 |
Petitioner | Lokesh Kumar Jain |
Respondent | State Of Rajasthan |
SCR | [2013] 7 S.C.R. 519 |
Judgement Date | 2013-07-09 |
Case Number | 888 |
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