Delay in trial is a ground for quashing of proceedings under Section 482 crpc. I have been facing a criminal trial since 2001 without framing of charges by the trial court. The trial court has not framed the charges against me on the basis of the charge sheet. However, the trial court has taken cognisance of the offence punishable under section 323/504/506 IPC, on the charge sheet. From the last twenty years, the prosecution has failed to approach the court and only a date has been fixed in my case. In this condition what is the remedy to get rid of this bogus trial?
Asked from: Rajasthan
You should file a petition before the hon’ble high court under Section 482 of the code of criminal procedure for the quashing of proceedings. You are facing the agony of a criminal trial for the last about twenty-two years without your fault.
Speedy trial is a fundamental right of every citizen under Article 21 of the constitution of India. In Hussainara Khatoon v. Home Secretary State of Bihar, (1980) 1 SCC 81 the hon’ble supreme court has held that “No procedure which does not ensure a reasonably quick trial can be regarded as ‘reasonable, fair or just’ and it would fall foul of Article 21.”
In Abdul Rehman Antulay v. R.S. Naik, (1992) 1 SCC 225 the hon’ble supreme court reiterated the importance of speedy trial and held that:
Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial is the right of the accused. The fact that a speedy trial is also in public interest or that it serves the societal interest also, does not make it any-the-less the right of the accused. It is in the interest of all concerned that the guilt or innocence of the accused is determined as quickly as possible in the circumstances.
The right to a speedy trial, derived from Article 21, encompasses all stages of the legal process, including investigation, inquiry and trial. It ensures that every individual involved in a legal proceeding is entitled to a prompt and expeditious resolution at each step of the process.
This right acknowledges the significance of timely justice and safeguards against unnecessary delays or prolonged proceedings that may infringe upon an individual’s fundamental rights.
Undue delays in legal proceedings can potentially undermine the accused’s ability to mount an effective defence. Such delays may lead to various adverse circumstances, including the death, disappearance, or unavailability of crucial witnesses. As time passes, memories fade, witnesses may become inaccessible, or evidence may become compromised or lost.
These factors can significantly impair the accused’s capacity to present a robust defence and can result in an unfair disadvantage. Therefore, it is essential to ensure that legal processes proceed in a timely manner to uphold the accused’s right to a fair trial and the opportunity to present a strong defence.
Offence of hurt and criminal intimidation are not serious offences. Hence, it is in the interest of justice to quash such a proceeding because inordinate delay in trial is causing prejudice to the accused.
In P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578, Pankaj Kumar v. State of Maharashtra, (2008) 16 SCC 117 and Vakil Prasad Singh v. State of Bihar, (2009) 3 SCC 355 has approved the law laid down in Antulay case (1992) 1 SCC 225; and held that
If the Court comes to the conclusion that right to speedy trial of the accused has been infringed, the charges or the conviction as the case may be, may be quashed unless the Court feels that having regard to the nature of offence and other relevant circumstances quashing of the proceedings may not be in the interest of justice.
Your case is fit for the quashing because the allegations are general and such a delay has infringed your fundamental right enshrined in Article 21 of the constitution of India. Approach the high court under section 482 crpc for quashing of criminal proceedings including charge sheet.
Also read: Accused cannot produce evidence at the stage of framing of charges
