'Speedy Trial Is A Constitutional Right': Calcutta HC Quashes A 2011 Case Against Army Personnel Accused Of Outraging Woman's Modesty

While quashing criminal proceedings initiated against an Indian Army personnel by invoking its inherent powers under Section 482 of CrPC, the Calcutta High Court has recently underscored that the right to a speedy right is a constitutional right.

Justice Siddhartha Roy Chowdhury observed,

“Right to have speedy trial since been considered as constitutional right, I consider it expedient and just to invoke the provision of Section 482 of Cr.P.C. to quash the proceeding in order to avert abuse of process of law, which is writ at large in this particular proceeding and to secure ends of justice.”

In this case, criminal proceedings were initiated against the Indian Army personnel back in 2011 under Section 354 of the IPC which penalizes acts of assault or criminal force to a woman with "intent" to outrage her modesty.

The accused had moved the High Court seeking the quashing of criminal proceedings initiated against him on the basis of the case registered on June 12, 2011.

During the proceedings, the Court was apprised that the accused has been serving in the Indian Army and that he is on the verge of retirement. The Court was further informed that although he has been enlarged on bail however since March 20, 2012 (date fixed for evidence) until September 14, 2022, the prosecution has failed to examine a single witness including the victim.

The counsel for the accused also submitted that the pending criminal proceedings would be an impediment in getting his terminal dues and that he has already lost the chance of being promoted because of this criminal case.

Accordingly, the Court quashed the pending criminal proceedings and disposed of the criminal revision petition.

Case Title: In the matter of : M. Haridos @ M. Haridas

Case Citation: 2023 LiveLaw (Cal) 22

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