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1 - 9 of 9 (0.27 seconds)Section 468 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Article 21 in Constitution of India [Constitution]
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
6. Even apart from the question of limitation the matter has otherwise become stale as the alleged offence against the petitioner relates to the years 1969-70 and 1970-71. The cognizance was itself taken more than eleven years after the occurrence. Long delay in prosecution has been held to be violative of the guarantees to a citizen under Art. 21 of the Constitution. There is a plethora of authorities of the Apex Court quashing criminal proceedings initiated long after the occurrence. Reference may be made to AIR 1979 SC 1360 (Hussainara Khatoon v. State of Bihar) AIR 1989 SC 1789 (State of M.P. v. Narayan Singh) and 1989 (I) SCC 678 (Triveniben v. State of Gujarat). In the meantime more than twenty years have elapsed after the occurrence. The trial also has not begun. Permitting the trial now to commence would otherwise become a travesty of justice.
The Code of Criminal Procedure, 1973
State Of Madhya Pradesh vs Narayan Singh & Ors on 25 July, 1989
6. Even apart from the question of limitation the matter has otherwise become stale as the alleged offence against the petitioner relates to the years 1969-70 and 1970-71. The cognizance was itself taken more than eleven years after the occurrence. Long delay in prosecution has been held to be violative of the guarantees to a citizen under Art. 21 of the Constitution. There is a plethora of authorities of the Apex Court quashing criminal proceedings initiated long after the occurrence. Reference may be made to AIR 1979 SC 1360 (Hussainara Khatoon v. State of Bihar) AIR 1989 SC 1789 (State of M.P. v. Narayan Singh) and 1989 (I) SCC 678 (Triveniben v. State of Gujarat). In the meantime more than twenty years have elapsed after the occurrence. The trial also has not begun. Permitting the trial now to commence would otherwise become a travesty of justice.
Smt. Triveniben & Ors vs State Of Gujarat & Ors on 7 February, 1989
6. Even apart from the question of limitation the matter has otherwise become stale as the alleged offence against the petitioner relates to the years 1969-70 and 1970-71. The cognizance was itself taken more than eleven years after the occurrence. Long delay in prosecution has been held to be violative of the guarantees to a citizen under Art. 21 of the Constitution. There is a plethora of authorities of the Apex Court quashing criminal proceedings initiated long after the occurrence. Reference may be made to AIR 1979 SC 1360 (Hussainara Khatoon v. State of Bihar) AIR 1989 SC 1789 (State of M.P. v. Narayan Singh) and 1989 (I) SCC 678 (Triveniben v. State of Gujarat). In the meantime more than twenty years have elapsed after the occurrence. The trial also has not begun. Permitting the trial now to commence would otherwise become a travesty of justice.
Mahabir Prasad Agarwalla (Dead) After ... vs State Of Orissa, Represented Through ... on 19 February, 1986
In a recent decision, 71 (1991) CLT 238 (Shantilata Agarwalla @ Shanti Agarwalla v. State of Orissa) it was held by Hon'ble v. Gopalaswami, J. that whenever the question of taking cognizance after the expiry of the period of limitation arises before a Court the Court must apply its judicial mind to the facts of the case and expressly give its reasons as to how it is satisfied that the delay has been properly explaned or why it feels that it is necessary to take cognizance in the interests of justice. It was further pointed out that after expiry of the period of limitation the Court loses its power to take cognizance.
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