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september 2004

Supreme Court of India · 2004-09-08

State Of Rajasthan vs Ikbal Hussen

Citation / case number
2004 AIR SCW 5196
Court
Supreme Court of India
Petitioner
State Of Rajasthan
Respondent
Ikbal Hussen
Author
Arijit Pasayat
Bench
Arijit Pasayat, Prakash Prabhakar Naolekar

Judgment text excerpt

The Supreme Court held that the trial against the respondent for offences under Sections 279, 337, 338, and 304(A) IPC cannot be indefinitely delayed, affirming the principles established in A.R. Antulay case regarding the right to a speedy trial under Article 21 of the Constitution. The Court clarified that prior judgments prescribing time limits for criminal trials, including Raj Deo Sharma cases and Common Cause cases, are not good law and should not be treated as mandatory bars to trial continuance. The acquittal ordered by the trial court was upheld as justified due to the prolonged delay in proceedings.

State Of Rajasthan vs Ikbal Hussen · Niyam