RAJ BEER SINGH
Randeep Singh Surjewala – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. application for quashing. (Para 1 , 2) |
| 2. delay in trial infringes rights. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. prosecution's delay emphasized. (Para 9 , 10) |
| 4. previous quash orders. (Para 11 , 12 , 13) |
| 5. right to speedy trial articulated. (Para 14 , 15 , 16) |
| 6. procedural safeguards for trials. (Para 17 , 18) |
| 7. speedy trial as a constitutional right. (Para 19 , 20) |
| 8. circumstantial factors affecting delays. (Para 21 , 22 , 23 , 24) |
| 9. invocation of section 91 crpc. (Para 26) |
| 10. clarification on section 91 relevance. (Para 27 , 28) |
| 11. rights of accused regarding documents. (Para 29 , 30) |
| 12. control over document production. (Para 31 , 32) |
| 13. final determination to dismiss application. (Para 34 , 35 , 36) |
JUDGMENT :
Hon'ble Raj Beer Singh, J.
1. Heard Sri S.G. Husnain, learned Senior Advocate, assisted by Ms. Sarita Gupta, Sri Ajay Kumar Kashyap, Sri Shivam Yadav and Sri Syed Mohd. Faisal, learned counsels for the applicant and Sri P.C. Srivastava, learned Additional Advocate General along with Sri Vikas Sahai, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed for quashing of order dated 27.07.2023 and 10.08.2023, as well as for quashin
Abdul Rehman Antulay & Ors. Vs. R.S. Nayak & Ors. [(1992) 1 SCC 225]
Arjun Pandit Rao Kotkar vs. Kailash Kushan Rao Barondial and others [AIR 2020 SC 4908]
Bijoy Singh & Anr. Vs State Of Bihar (2002) 9 SCC 147
D.K. Basu vs. State of West Bengal [(1997) 1 SCC 416]
Jai Prakash Singh vs. State of U.P. [1996 Cr.LJ 2426 (Allahabad High Court)].
Maneka Gandhi v. Union of India [(1978) 1 SCC 248]
Nitya Dharmananda and Anr. v. Gopal Sheelum Reddy and Anr. (2018) 2 SCC 93
P. Ramachandra Rao vs. State of Karnataka [(2002) 4 SCC 578].
Pankaj Kumar vs. State of Maharastra (AIR 2008 SC 3077).
S.G. Nain vs. Union of India (AIR 1992 SC 602).
Santosh De vs. Archana Goha and others (AIR 1994 SC 1229).
The right to a speedy trial is integral to Article 21 of the Constitution, and unreasonable delays due to prosecution can infringe this right, potentially warranting a quashing of proceedings.
The right to a speedy trial is integral to the right to free and fair trial under Article 21, impacted by delays and the non-availability of documentary evidence.
The right to a speedy trial is constitutionally protected under Article 21, and unreasonable delays, particularly when not caused by the accused, can warrant quashing ongoing criminal proceedings.
(1) Documents which were not part of charge-sheet, but seized by investigating agency during investigation of offence, cannot be withheld by prosecution merely on the ground that documents sought to ....
The order passed on application filed under Section 91 of Cr.P.C. was interlocutory in nature. The accused persons had not been summoned to appear before the Court concerned. The investigation in the....
The right to a speedy trial under Article 21 of the Constitution is fundamental, and inordinate delays in criminal proceedings can lead to quashing of the prosecution.
The right to a speedy trial under Article 21 of the Constitution is fundamental and must be upheld, with inordinate delays in prosecution warranting quashing of proceedings.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
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