‘State bifurcation’, P 12
AmitAnand.ChoudharyNew Delhi: In a first, a criminal case has been quashed against a police officer on the grounds of delay in trial proceedings, which remained dormant for 35 years.”We are informed that in all, five accused came to be chargesheeted, including the present petitioner. Out of five, two co-accused passed away and the other two co-accused have been acquitted on grounds that prosecution failed to produce any prosecution witnesses for purpose of recording oral evidence,” a bench of Justices J B Pardiwala and Ujjal Bhuyan said.”In the facts and circumstances of this case, more particularly having regard to the fact that almost 35 years have lapsed, we are inclined to quash proceedings only on these grounds alone,” it said.The officer was facing trial under IPC Sections 147 (rioting), 323 (causing hurt) and 504 (insult) and Railway Act’s Section 120 (inquiry into accident).State bifurcation led to delay: UPThe case, registered in 1989, was pending before the additional chief judicial magistrate (railway) in Prayagraj.Uttar Pradesh told SC the delay was due to the bifurcation of the state in 2000 that created Uttarakhand. The accused were living in Uttarakhand and they were not appearing before the court in UP, the state said. SC had last week stayed proceedings against the police officer.
