Code of Criminal Procedure, 1973 – s.397 – Revision – Appellant-complainant filed a writ petition in 2002 seeking registration of criminal case – His allegation was that his son was wrongfully killed by the police – CBI filed a closure report – Magistrate did not accept the closure report and took cognizance against 13 police officers-accused – Accused and the Government of NCT filed separate petitions under s.482, Cr.P.C. – High Court allowed the petitions and directed the Magistrate to reconsider the point of cognizance and take a fresh decision on the closure report filed by the CBI – Magistrate reheard the matter and accepted the closure report – Appellant challenged the said order by way of revision petition under s.397, Cr.P.C. – After keeping matter pending for 2 years, High Court dismissed the revision petition of appellant with liberty to approach Sessions Judge – Appeal before Supreme Court – Held: This case took place long back in the year 2002 and almost sixteen years have elapsed – It is ingrained in our criminal justice system that speedy justice should be provided to the litigant as a matter of a constitutional right – This is not appropriate case for this Court to decide on the question of law considering the peculiar facts and circumstances involved – The question of law is left open and order of the High Court in revision petition is set aside and the case before the High Court is restored – High Court to hear the matter on merits and pass an appropriate order thereafter without any further delay – Delay/Laches – Revision.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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