1. Trial delay in a criminal case — Application for extension of time by Trial Court and grievances regarding trial speed by the petitioner. (Para 1 , 2 , 3 )
Back
Next 
2022 Supreme(SC) 1627
SUPREME COURT OF INDIA
Dinesh Maheshwari, M.M. Sundresh, JJ.
P. Gopalkrishnan @ Dileep – Appellant
Versus
State of Kerala – Respondent
Miscellaneous Application No. 1433 of 2022 in Crl.A. No. 1794 of 2019 with Ma 1434 of 2022 in Ma 62/2022 in Crl.A. No. 1794 of 2019
Decided On : 05-09-2022
Important Points
The court emphasized the need for expeditious trial and directed the trial to proceed on a day-to-day basis, while extending the time for completion of the proceedings.
Subject
Criminal Law - Trial Procedure
Headnote
Time Extension - Criminal Trial - The court extended the time for completion of criminal proceedings, expecting the trial to be concluded expeditiously, preferably before a specified date, and directed the trial to proceed on a day-to-day basis.
Fact of the Case:
The trial judge sought an extension of time to dispose of a criminal case, while the petitioner raised concerns about the protracted trial and media trial.
Finding of the Court:
The court extended the time for completion of the proceedings, expecting expeditious trial and directed the trial to proceed on a day-to-day basis, while keeping the miscellaneous applications pending for progress reports.
Issues: Extension of time for trial completion, concerns raised by the petitioner, transfer petition by the prosecutrix, and the need for expeditious proceedings.
Ratio Decidendi: The court emphasized the need for expeditious trial, directed the trial to proceed on a day-to-day basis, and extended the time for completion of the proceedings, expecting the trial to be concluded preferably before a specified date.
Final Decision: The court extended the time for completion of the proceedings, expecting the trial to be concluded expeditiously, preferably before a specified date, and directed the trial to proceed on a day-to-day basis, while keeping the miscellaneous applications pending for progress reports.
Legal Category Hierarchy
Advocates appeared:
By Courts Motion, Advocate, Mr. Mukul Rohatgi, Sr. Advocate, Mr. Philip T. Varghese, Advocate, Mr. Sujesh Menon, Advocate, Mr. P. Vamshi Rao, Advocate, Ms. Vishwaja Rao, Advocate, Ms. Pragya Baghel, Advocate, Ms. Ranjeeta Rohatgi, Advocate, For the Appellant / Mr. Ranjit Kumar, Sr. Advocate, Mr. Nishe Rajen Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. G. Prakash, Advocate, Mr. Basant R., Sr. Advocate, Mr. K. Rajeev, Advocate, N.R. Menon, Advocate, For the Respondent.
By Courts Motion, Advocate, Mr. Mukul Rohatgi, Sr. Advocate, Mr. Philip T. Varghese, Advocate, Mr. Sujesh Menon, Advocate, Mr. P. Vamshi Rao, Advocate, Ms. Vishwaja Rao, Advocate, Ms. Pragya Baghel, Advocate, Ms. Ranjeeta Rohatgi, Advocate, For the Appellant / Mr. Ranjit Kumar, Sr. Advocate, Mr. Nishe Rajen Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. G. Prakash, Advocate, Mr. Basant R., Sr. Advocate, Mr. K. Rajeev, Advocate, N.R. Menon, Advocate, For the Respondent.
Table of Contents
2. Petitioner contends the trial is being intentionally delayed by the prosecutrix to avoid a verdict and that the Trial Court is not proceeding expeditiously. (Para 2 )
3. The court emphasizes the need for specific priority in the trial, suggesting day-to-day proceedings to ensure an expeditious conclusion. (Para 5 )
4. To ensure timely justice in protracted trials, courts may mandate specific priority or day-to-day proceedings. (Para 5 )
5. Time for trial completion extended; Trial Court directed to provide progress reports and prioritize the matter. (Para 5 , 6 , 8 )
6. How should a court handle a criminal trial that has been protracted beyond the granted timeframe?
The court may assign the matter specific priority, direct the trial to proceed on a day-to-day basis if necessary, and set a preferred deadline for conclusion to ensure expeditious proceedings. (Para 5 )
7. What is the expectation regarding the conduct of parties in an expedited trial?
All concerned parties are expected to extend full cooperation to the Trial Court to facilitate the expeditious completion of the proceedings. (Para 8 )
8. How can a superior court monitor the progress of a trial it has ordered to be expedited?
The court may keep miscellaneous applications pending and require the Trial Court to submit periodic progress reports to track the advancement of the case. (Para 6 )
ORDER
1. We have taken note of the contents of M.A. No. 1433 of 2022 that has been registered on a report-cum-request sent by the learned Trial Judge conducting the trial and also M.A. No. 1434 of 2022 that has been registered on the directions sought for by the petitioner.
2. In M.A. No. 1434 of 2022, the petitioner has made a detailed reference to the proceedings hitherto in the trial as also the process of further investigation and has submitted that the matter is being protracted at the instance of the prosecutrix so as to evade final verdict in the case and the Trial Court has also not proceeded expeditiously; and on the other hand, he is being subjected to media trial.
3. In M.A. No. 1433 of 2022, the learned Trial Judge has referred to various proceedings and applications moved in the case, so as to explain the circumstances for which the trial could not be completed within the time granted by the Court. The said report-cum-request was sent on 19.07.2022 seeking six months' more time from 16.02.2022 to dispose of SC No. 118 of 2018 pending in that Court. Even the extended time, as sought for by the learned Trial Judge has expired.
4. Today, during the course of submissions, it has also been indicated that a transfer petition moved by the prosecutrix is being heard by the High Court of Kerala and matter is posted for further hearing tomorrow i.e., 06.09.2022.
5. Though, as at present we are not making any comments on the variety of grievances voiced by the petitioner but, taking the totality of circumstances into account and the orders already passed in this matter, we would expect that the trial of the matter is assigned a specific priority and, for that purpose, if necessary, the trial may proceed on day-to-day basis. We would request the High Court also to take note of the orders already passed in this matter by this Court expecting expeditious proceedings. In the given circumstances, we extend the time for completion of the proceedings while expecting that the trial shall be concluded at the earliest, preferably before 31.01.2023.
6. Having said so, and without any other comment, we keep both these miscellaneous applications pending while awaiting report on the progress from the Trial Court. The Trial Court, in the first place, may send its report of progress after four weeks from today.
7. List these matters on 11.10.2022.
8. It would be expected of all the concerned to extend cooperation to the Trial Court in expeditious proceedings.
