Read Time: 06 minutes
The Allahabad High Court recently observed, "The delay in trial affects the faith in the rule of law and efficacy of the legal system."
The court was hearing an application that sought quashing of one District Judge's order of the year 2007 in which the trial court had framed the charge against the applicants.
Stressing that stalling of such criminal matters should not be allowed to continue on hyper-technical grounds, the bench of Justice Krishan Pahal said,
"The delay in a criminal trial has deleterious effect on the administration of justice in which the society has a vital interest as the crime is not against an individual, it is against the society itself."
In 2007, the Additional District Judge, Agra, had framed charges against Rakesh Singh and others under Sections 324 (Voluntarily causing hurt by dangerous weapons), 307(Attempt to murder) read with section 34, section 504 (Intentional insult with intent to provoke breach of the peace) and 506 (Criminal intimidation) of Indian Penal Code, 1860.
Opposing that order, the instant application had been filed under Section 482 of Criminal Procedure Code, 1973, invoking inherent powers of the High Court.
The applicants had urged the court to quash the criminal proceeding against them on the ground that a discrepancy had come up in the injury report and the X-ray report of injured in the case.
The applicants had argued that on the basis of the said discrepancy, a charge under Section 307 IPC could not be framed against the applicants and the Trial Court had committed manifest error in doing so.
However, on the contrary, noting that on perusal of the impugned order it transpired that all the charges had been framed after proper application of mind, the court observed that except the said discrepancy, the applicant's counsel had not indicated any other illegality or irregularity in framing of charge.
Therefore, even after considering all the statutory objections raised by the applicant's counsel, the court held that it was clear that the discrepancy in the medical examination report can be properly addressed by the Trial Court at the stage of pronouncement of judgment during the course of trial.
Court also said that at that stage, if any of the said defect in framing of charge appears then the same can be cured by invoking the powers vested in the Trial Court under Sections 221, 222 and 224 of Cr.P.C.
Court further noted that the inherent powers of the High Court provided under Section 482 Cr.P.C. can be exercised only when there is an abuse of process of the Code or where interference is absolutely necessary for securing the ends of justice.
Also, Court added,
"It is also settled that the inherent powers under Section 482 Cr.P.C. must be exercised very sparingly where proceedings have been initiated illegally, vexatiously or without jurisdiction."
Therefore, without expressing any opinion on the merits of the case, court dismissed the application for being devoid of merits.
Case Title: Rakesh Singh And Others v. State of U.P. and Another
Please Login or Register