Sirajul & Ors. Vs. State of U.P. & Anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 307
Quashing of Criminal Proceedings - Delay - Delayed criminal proceedings - Held that conduct of the complainant can certainly be taken into account - Complainant stood convicted in a cross case - At least for ten years after commencement of the trial, the complainant did not even bother to seek simultaneous trial of the cross case, the step which was taken for the first time in the year 2005 which could certainly 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 permit respondent No.2 to proceed with a complaint filed 16 years after the incident against the appellants - Impugned order liable to be set aside and the proceedings in Criminal Complaint quashed.
The Code of Criminal Procedure, 1973 - Section 482
Delayed Criminal Proceedings - Quashing of Proceeding - Mere delay in completion of proceedings may not be by itself a ground 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, quash the proceedings in exercise of jurisdiction under Section 482 Cr.P.C. in the interest of justice and to prevent abuse of process of the Court.
Topic(s)-Quashing of Criminal Proceedings - Delay - Proceedings Quashed