Quashing of FIR / Chargesheet in High Court unfer Sec 482 CrZpc

885 votes

Yes, a delay of more than 20 years in framing of charge in a criminal trial is a strong ground to invokeSection 482 of the Code of Criminal Procedure, 1973, especially on the basis of violation of the fundamental right to a speedy trial under Article 21 of the Constitution. The Hon’ble Supreme Court in certain cases has held that inordinate and unexplained delay in criminal proceedings amounts to abuse of the process of law. If the delay is not attributable to the accused and has caused serious prejudice, mental agony, and denial of justice, the High Court may exercise its inherent powers to quash the proceedings. However, the Court will consider factors like the nature of the offence, reasons for delay, and conduct of parties. Thus, filing a petition under Section 482 CrPC is legally sustainable and strategically advisable in such circumstances.

Advocate Dipayan Dutta LawRato