Speedy Trial Is A Right Not Only Of Complainant But Accused Also: Allahabad High Court Quashes A 24-Year-Old Criminal Case
The Allahabad High Court recently quashed a 24-year-old criminal case as it stressed that a speedy trial is an integral part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution.The bench of Justice Saurabh Shyam Shamshery also expressed its anguish that unnecessary and baseless criminal proceedings are pending for the last many years, as it noted that in...
The Allahabad High Court recently quashed a 24-year-old criminal case as it stressed that a speedy trial is an integral part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution.
The bench of Justice Saurabh Shyam Shamshery also expressed its anguish that unnecessary and baseless criminal proceedings are pending for the last many years, as it noted that in the instant case, the criminal proceedings are pending 9 since 1998, i.e., for about 24 years and it has reached only up to the stage of discharge application.
"Since this Court has quashed the proceedings but after 24 years, therefore, the suffering of accused persons/ applicants cannot be compensated. A speedy trial is a right not only for the Complainant but for the accused persons also. There is no explanation why the proceedings are reached only up to the stage of discharge application after a lapse of more than two decades...the Trial Courts are directed to undertake an endeavor that every criminal proceeding shall be concluded expeditiously, as a speedy trial is a right of both Complainant and accused persons," the Court further ordered.
The case in brief
Dr. Meraj Ali And Another (Applicants) were facing an FIR for allegedly committing offences under Sections 420, 467, and 468 IPC. After the investigation charge sheet was filed on November 18, 2000 and cognizance was also taken. The applicants filed an application for discharge on December 23, 2021, which has been rejected by means of the impugned order dated March 9, 2022.
The Court quashed the criminal proceedings as it noted that proceedings initiated against applicants were manifestly attended with mala fide and proceedings were maliciously instituted with an ulterior motive for wreaking vengeance on applicants with a view to spite them due to private and personal grudge.
As the result, the application was allowed and the order dated March 09, 2022, passed by Chief Judicial Magistrate, Aligarh was set aside.
Case title - Dr. Meraj Ali And Another v. State of U.P. and Another [APPLICATION U/S 482 No. - 11924 of 2022]
Case Citation: 2022 LiveLaw (AB) 440
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