New Delhi, April 23 The Supreme Court has stayed trial court proceedings against a police officer facing prosecution in a decades-old case registered in Uttar Pradesh, observing that it may consider quashing the case in view of the extraordinary delay of nearly 35 years.
A bench of Justices J.B. Pardiwala and Vijay Bishnoi issued notice on a special leave petition (SLP) filed by Kailash Chandra Kapri challenging an order of the Allahabad High Court, which had declined to interfere with the continuation of criminal proceedings pending before a Prayagraj court.
The petitioner, a police officer, is facing trial for offences under Sections 147 (rioting), 323 (voluntarily causing hurt) and 504 (intentional insult) of the Indian Penal Code, along with Section 120 of the Railway Act.
The case pertains to case Crime No. 115/1989 registered at GRP Rambagh Police Station in Allahabad (now Prayagraj), which is currently pending before the Court of the Additional Chief Judicial Magistrate (Railway).
During the hearing, the apex court was informed that five accused persons were charge-sheeted in the case, including the present petitioner. Out of them, two co-accused have since died, while the remaining two were acquitted after the prosecution failed to produce any witnesses to support its case.
"In the facts and circumstances of this case and more particularly, having regard to the fact that almost 35 years have lapsed, we are inclined to quash the proceedings only on this ground alone," the Justice Pardiwala-led Bench observed.
However, before passing any final order, the Supreme Court said it would hear the prosecution and issued notice in the matter.
"In the meantime, there shall be a stay of the further proceedings of Case No. 545/1991 pending before the Additional Chief Judicial Magistrate (Railway), Prayagraj," the order stated.
The top court also allowed an impleadment application, adding Uttarakhand, through its Principal Secretary, Home, as a respondent in the matter. The matter has been posted for further hearing on April 29.
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