Kailash Chandra Kapri Vs State of Uttar Pradesh & Ors. (Supreme Court of India)
The matter concerns criminal proceedings initiated in 1989 under Sections 147, 323, and 504 of the IPC and Section 120 of the Railway Act, pending as Case No. 545/1991 before the Additional Chief Judicial Magistrate (Railway), Prayagraj. The accused, a police officer, sought quashing of proceedings before the Allahabad High Court under Section 482 Cr.P.C. The High Court refused to quash the case, holding that disputed questions of fact were involved and that no ground for interference was made out at that stage. However, it granted liberty to the applicant to file a discharge application before the trial court within 30 days, with protection from coercive action until its disposal.
Subsequently, the matter reached the Supreme Court, where it was noted that five accused were charge-sheeted, two had died, and the remaining two were acquitted due to failure of the prosecution to produce witnesses. Considering that approximately 35 years had elapsed since initiation of proceedings, the Supreme Court expressed its inclination to quash the case on the ground of prolonged delay alone. It also impleaded the State of Uttarakhand as a party and issued notice to the States before passing final orders. Meanwhile, the Court stayed further proceedings before the trial court.
