The Allahabad High Court on Tuesday, stayed proceedings in a criminal trial that had been languishing for 33 years, providing significant relief to a police officer whose career advancement was blocked due to the pendency of the case.
Justice Sanjay Kumar Pachori issued the order on December 3, 2024, in response to an application under Section 482 of the Code of Criminal Procedure (CrPC) filed by a senior police officer. The case dates back to 1989 and involves charges under Sections 147, 323, 504 of the Indian Penal Code and Section 120 of the Railway Act. Notably, no witness has been examined in the decades since its registration.
The petitioner, represented by Advocate Shashwat Anand, discovered the pendency of the case only recently when his name was excluded from the seniority list for departmental promotion. On inquiry, he found that the unresolved criminal case was the reason for his exclusion.
In an effort to resolve the matter, Kapri first approached the Additional Chief Judicial Magistrate (Railway), Allahabad, under Section 258 CrPC to stop proceedings. However, his plea was rejected on May 22, 2024. Left with no alternative, he approached the High Court, seeking intervention to quash the magistrate’s order and stay the trial.
Advocate Shashwat Anand argued that the delay in trial violated Kapri’s right to a speedy trial under Article 21 of the Constitution. He highlighted the absence of witness examination over 33 years, terming the proceedings an abuse of process and citing the Supreme Court’s ruling in Vakil Prasad Singh vs. State of Bihar (2009), which emphasized the right to expeditious justice.
Taking note of these submissions, the High Court observed that the case warranted scrutiny and directed a stay on the trial proceedings until further orders. The court also directed the State to file a counter affidavit within two weeks and listed the matter for hearing after eight weeks.
