FIR Registered In 1990 ; Trial Not Complete Even After Three Decades : SC Directs Kolkata Court To Complete Trial Within 6 Months

The Supreme Court directed a Trial Court in Kolkata to complete trial in a criminal case arising out of an FIR that was registered three decades ago.

An FIR was registered in the year 1990 against the accused in a cheating case under Sections 120B/419/420/467/468/471/477A of the Indian Penal Code. The accused filed a discharge application before the Trial Court which was dismissed. Against this, he approached the Calcutta High Court, which upheld the order.

We must note with some consideration that the FIR was registered in the year 1990 and 32 years hence the trial is not complete, the Apex Court bench of Justices Sanjay Kishan Kaul and Abhay S. Oka observed while dismissing the Special Leave Petition filed by the accused against the High Court order.

The bench therefore directed the Trial Court to proceed with the trial on almost day to day basis and ensure that the trial is completed within a maximum period of six months.

Last year, the bench headed by Justice Kaul had directed a Court in Pune to expedite the trial of a partition suit which is pending for 26 years.  We can hardly envisage a situation where for 26 years, a suit is pending at the first stage, and we have to decide the appeal and the second appeals which would arise thereafter, it had observed.

Last year, the Supreme Court had come down heavily on a trial court for its failure to frame charges due to 78 adjournments irrespective of taking cognizance almost seven years back.

Case: Naresh Kumar Agarwal vs Villivalam Raghavchari Sridhar | SLP(Crl) 10334/2022

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