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july 1988

Supreme Court of India · 1988-07-18

SRINIVASA GOPAL vs UNION TERRITORY OF ARUNACHAL PRADESH (NOW STATE)

Citation / case number
SC 1988/70780
Court
Supreme Court of India
Petitioner
SRINIVASA GOPAL
Respondent
UNION TERRITORY OF ARUNACHAL PRADESH (NOW STATE)
Bench
MUKHARJI, SABYASACHI (J)

Judgment text excerpt

The Supreme Court held that Section 473 Cr.P.C. allows a court to take cognizance of an offence after the limitation period if the delay is justified in the interest of justice. The Court found that the High Court correctly interpreted the applicability of the Cr.P.C. in Arunachal Pradesh, emphasizing the need for timely prosecution to uphold the right to a fair trial under Article 21 of the Constitution. The Court quashed the proceedings against the appellant due to an excessive delay of 9.5 years in prosecuting a case of rash and negligent driving, which was not a grave offence.

SRINIVASA GOPAL vs UNION TERRITORY OF ARUNACHAL PRADESH (NOW STATE) · Niyam