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SC quashes criminal case against policeman due to 35-year delay in trial. india news

Supreme Court quashes criminal case against policeman due to 35-year delay in hearing
‘Partition of States’, page 12

amitanand.choudharyNew Delhi: For the first time, a criminal case against a police officer, which remained dormant for 35 years, has been quashed on the grounds of delay in trial proceedings.A bench of Justices JB Pardiwala and Ujjal Bhuiyan said, “We are informed that chargesheet has been filed against altogether five accused including the present petitioner. Out of the five, two co-accused have died and the other two co-accused have been acquitted on the ground that the prosecution failed to produce any witness for the purpose of recording oral evidence.”“In the facts and circumstances of this case, especially keeping in mind the fact that almost 35 years have passed, we are inclined to quash the proceedings on these grounds alone,” it said.The officer was facing trial under IPC sections 147 (rioting), 323 (causing hurt) and 504 (insult) and Section 120 (investigation of accident) of the Railways Act.Delay due to state division: UPThe case, registered in 1989, was pending before the Additional Chief Judicial Magistrate (Railways) in Prayagraj.Uttar Pradesh Told Supreme Court that there was delay due to partition In 2000, the state that formed Uttarakhand was formed. The accused were living in Uttarakhand and were not appearing before the court in UP, the state said. The SC had last week stayed the proceedings against the police officer.

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