Supreme Court Proposes To Quash Trial Against Police Officer On Ground Of 35-Year Old Delay Alone

The Supreme Court recently stayed criminal proceedings against a police officer after taking note of a 35-year delay in the trial proceedings. It observed that it was inclined to quash the proceedings against the officer on the ground of delay alone, but would like to hear the State authorities before passing an order.

A bench of Justices JB Pardiwala and Vijay Bishnoi heard the matter and issued notice on the police officer's plea challenging an Allahabad High Court order which refused to quash the criminal proceedings.

The bench observed in its order:

"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. However, before proceeding further to pass any order, we would like to hear the State(s)."

Briefly put, the case against the petitioner-police officer was registered in 1989 at Rambagh Police Station, Allahabad. He is facing trial for the offences punishable under Sections 147 (punishment for rioting), 323 (punishment for voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of peace) of the IPC and Section 120 of the Railway Act.

The trial is pending since 1991 before a Prayagraj Court. While a total of 5 accused were chargesheeted in the case, 2 have passed away and 2 were acquitted due to failure of the State to produce prosecution witnesses for oral evidence.

Rejecting the petitioner's prayer for quashing, the High Court had observed,

"From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused."

Aggrieved, he approached the Supreme Court. Impleading the State of Uttarakhand, the top Court posted the matter to April 29.

Appearance: Mr. Rajesh Gulab Inamdar, AOR, Mr. Shashwat Anand, Adv., Ms. Sheena Taqui, Adv., Ms. Akanksha Saini, Adv., Mr. Shashank Tiwari, Adv., Mr. Ankur Azad, Adv., Mr. Saumitra Anand, Adv., Mr. Faiz Ahmad, Adv., Mr. Shrey Bhushan, Adv., Mr. Raghav Grover, Adv. and Mr. Rajesh Kapoor, Adv (for petitioner)

Case Title: KAILASH CHANDRA KAPRI v. STATE OF UTTAR PRADESH, SLP (Crl.) No(s).6564/2026

Click here to read the order