New Delhi, Apr 24 Noting that no prosecution witness had been examined for 35 years, the Supreme Court has stayed proceedings against a police officer in a case of rioting and voluntarily causing hurt dating back to 1989.
The top court said it was inclined to quash the proceedings on the ground of delay alone, but would like to hear the state before proceeding further.
A bench of Justices J B Pardiwala and Vijay Bishnoi issued a notice to the Uttarakhand government on the police officer's plea challenging an Allahabad High Court order refusing to quash the criminal proceedings.
“We are informed that in all, five accused came to be chargesheeted, including the present petitioner. Out of five, two co-accused passed away, and the other two co-accused have already been acquitted as the prosecution failed to produce any of the prosecution witnesses for the purpose of recording oral evidence.
“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 bench said.
The top court was hearing a plea filed by Kailash Chandra Kapri, voicing concern over the “extraordinary” 35-year delay and challenging the refusal of the Allahabad High Court to quash the criminal proceedings.
Kapri is facing trial under sections 147 (rioting), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of peace) of the IPC, along with Section 120 of the Railways Act, in connection with an FIR registered in 1989 at the GRP Rambagh police station in Prayagraj.
The top court has posted the matter for hearing on April 29.
