Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.307 - Cross cases uls. 307 by appellants and respondents in the year 1992 - Respondent no. 2 convicted uls. 307/34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.307 - Cross cases uls. 307 by appellants and respondents in the year 1992 - Respondent no. 2 convicted uls. 307/34 - In complaint against appellant u/s. 307, no action taken tiff 2005 - In 2005, respondent no.2 filed an application for summoning progress report -No order passed in that application - In 2008, respondent no. 2 filed another application - Application disposed of in view of report of police that appellants were exonerated during investigation - Respondent no. 2 filed instant complaint alleging commission of offence u/s.307 by appellant in 1992- Summoning order- High Court refused to quash order of trial court on the ground that a/legation in the complaint and preliminary evidence led in support thereof made out a case of summoning - On appeal, Held: Mere delay in completion of proceedings may not be by itself aground to quash proceedings where offences are serious,but the Court having regard to the conduct of the parties,nature of offence and the extent of delay in the facts and circumstances of a given case can quash the proceedings -In the present case, the complainant stood convicted in across case - At least for 10 years after commencement of the trial, he did not even bother to seek simultaneous trial ofthe cross case - The step taken for the first time in the year 2005 should have been taken in the year 1995 itself when the trial against respondent No.2 commenced - Having regard to the nature of allegations and entirety of circumstances, it will be unfair and unjust to permitĀ· respondent No.2 to proceed with a complaint filed 16 years after the incident against the appellants - Limitation - Delay/laches. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2015 INSC 481 |
Petitioner | Sirajul & Ors. |
Respondent | The State Of U.p. &anr. |
SCR | [2015] 6 S.C.R. 1021 |
Judgement Date | 2015-07-06 |
Case Number | 854 |
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