Case Law Details
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.
Read HC Judgmentin this case: Quashing Plea Rejected as Disputed Facts Cannot Be Examined Under Section 482 of Cr.P.C.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
IA No. 113192/2026, i.e., application seeking impalement is allowed. Accordingly, the State of Uttarakhand through its Principal Secretary, Home Department is impleaded as respondent no.6.
2. Cause title be amended accordingly.
3. The petitioner, a police officer is facing trial for the offence punishable under Sections 147, 323 and 504, respectively, of the Indian Penal Code (for short, “the IPC”) and Section 120 of the Railway Act.
4. The criminal proceedings in the form of Case No.545/1991 arising out of Case Crime No.115/1989 registered with GRP Rambagh Police Station, District Allahabad are pending as on date in the Court of Additional Chief Judicial Magistrate (Railway), Prayagraj.
5. We are informed that in all, five accused came to be charge sheeted, including the present petitioner. Out of five, two co-accused passed away and the other two co-accused have already been acquitted on the ground that the prosecution failed to produce any of the prosecution witnesses for the purpose of recording of oral evidence.
6. 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.
7. However, before proceeding further to pass any order, we would like to hear the State(s).
8. Issue notice.
9. Dasti, in addition, is permitted.
10. In the meantime, there shall be stay of the further proceedings of Case No.545/1991 pending before the Additional Chief Judicial Magistrate (Railway), Prayagraj.
11. List on 29.04.2026 on top of the board.
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