Summary of Judgement
This legal case highlighting issues of delay and political influence in the judicial process. The case involves the prolonged trial of multiple accused in a double murder case from 1994, where political figures have allegedly used their influence to obstruct justice. The Supreme Court examines the High Court's repeated adjournments and the trial court's decision to allow the withdrawal of prosecution for one politically influential accused, Chhote Singh. The Supreme Court sets aside the withdrawal order for Chhote Singh and directs the High Court to expedite the remaining proceedings.
Issues of Delay and Political Influence
- The judicial system struggles with delays and political influence.
- Influential figures face significant delays in legal proceedings, obstructing justice.
Disposition Under Normal Circumstances
- High Court requested to expedite pending revision petitions.
- Notices issued to the State and beneficiary of the withdrawal order.
Background of the Present Appeal
- Appeal from the Allahabad High Court's order adjourning criminal revision petitions.
- Cases involve the withdrawal of prosecution for one accused and rejection for others.
Filed Criminal Revision Petitions
- Accused filed revisions against the rejection of their withdrawal applications.
- Victim's mother filed a revision against the grant of withdrawal for Chhote Singh.
Facts Leading to the Filing of Revision Petitions
Incident and FIR:
- FIR registered for a double murder in 1994.
- Named accused and subsequent investigation details.
Investigation and Chargesheet:
- Additional accused identified during investigation.
- Chargesheet filed against ten accused.
Separate Trials for Absconding Accused:
- Accused Rudrapal Singh declared a proclaimed offender.
- Separate trial committed for him.
Accused's Political Standing:
- Accused Chhote Singh elected as Member of Legislative Assembly.
Government Order for Withdrawal of Prosecution:
- Governor granted permission for withdrawal of prosecution for Chhote Singh.
Modification of Government Order:
- Permission extended to other accused as well.
Trial Court's Decision on Withdrawal Applications:
- Withdrawal allowed for Chhote Singh but rejected for others.
Filing of Criminal Revision Petitions:
- Separate petitions filed by accused and victim's mother.
High Court's Interim Order:
- No coercive action against revisionist-accused persons.
Non-bailable Warrants and Transfer Petition:
- Warrants issued and transfer petition rejected by the High Court.
Reserved Judgment and Re-listing:
- Judgment reserved but not pronounced; re-listed before a different bench.
Repeated Adjournments:
- Repeated adjournments on request of accused's counsel.
Appellant's Challenge to Adjournments
- Grave injustice due to prolonged pendency.
- Accused using adjournments as delay tactics.
Arguments by Appellant's Counsel
- Trial held up due to pending revisions and High Court record retention.
- Accused's revisions lack substance but delay trial.
State's Submission
- Accused using dilatory tactics.
- State not involved in adjournments.
Respondent No.2's Contention
- Accuses appellant of seeking adjournments.
- Requests dismissal of appeal.
Concerns and Circumstances
- Politically influential accused evading trial.
- Trial Court's order influenced by political power.
Court's Opinion on Political Influence
- Withdrawal of prosecution not justified by public image.
- Political influence should not affect legal proceedings.
High Court's Role in Delays
- High Court's repeated adjournments enabling delay tactics.
Supreme Court's Decision on Withdrawal Order
- Withdrawal of prosecution for Chhote Singh set aside.
Limitation of the Supreme Court's Decision
- Decision limited to Chhote Singh's case.
- High Court to re-evaluate remaining cases.
Appeal Allowed
- Criminal Revision No. 2107 of 2012 allowed.
- Order dated 19.05.2012 set aside for Chhote Singh.
Directions to High Court
- High Court to expedite remaining revision petitions.
- Ensure trial progression without further delay.
Emphasis on Expeditious Trial
- High Court to retain only copies of Trial Court record.
- Original record to be sent back for trial conclusion.
Disposition of Pending Applications
- Pending applications disposed of.
Case Title: SHAILENDRA KUMAR SRIVASTAVA VERSUS THE STATE OF UTTAR PRADESH & ANR.
Citation: 2024 LawText (SC) (7) 154
Case Number: CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP (Crl.)No.16417 of 2023)
Date of Decision: 2024-07-15