Supreme Court of India stayed 1989 criminal proceedings citing 35 year delay without witness examination. Bench of J. B. Pardiwala and Vijay Bishnoi indicated quashing due to extraordinary delay.
Highlighting persistent delays in criminal trials, the Supreme Court has stayed proceedings that began in 1989, noting that not a single prosecution witness had been examined for more than three decades.
A bench comprising Justices J. B. Pardiwala and Vijay Bishnoi heard arguments from advocates Rajesh G. Inamdar and Shashwat Anand, appearing for the petitioner, Kailash Chandra Kapri (a senior police officer). The Court voiced concern over the exceptional delay of around 35 years and indicated that it was inclined to quash the proceedings on that ground alone.
The decision was made in a special leave petition filed against the Allahabad High Court’s refusal to quash the criminal proceedings. The petitioner has been put on trial for offences under Sections 147, 323, and 504 of the IPC, along with Section 120 of the Railway Act, relating to an FIR registered in 1989 at GRP Rambagh Police Station, Prayagraj.
The Allahabad High Court declined to quash the case or to stay the trial. More than 35 years later, the matter remained pending before the Court of the Additional Chief Judicial Magistrate (Railway), Prayagraj. Originally, five accused were charge-sheeted; however, two have since died. The remaining two co-accused were already acquitted because the prosecution could not produce any witnesses to support the case.
Considering the unusual facts and circumstances especially the extreme delay and the failure of the prosecution to substantiate its case the High Court remarked that it was inclined to quash the proceedings, observing that continuing the trial would serve no useful purpose. Before passing final orders, the bench issued notice to the State and granted an interim stay of further proceedings in the trial court.
The matter was scheduled to be listed again on April 29, 2026.