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Whether prosecution can be quashed against accused if his ri

Whether prosecution can be quashed against accused if his right to speedy trial is violated?

It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. In every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated above, and determine in each case whether the right to speedy trial has been denied in a given case. Where the court comes to the conclusion that the right to speedy trial of an accused has been infringed, the charges or the conviction, as the case may be, may be quashed unless the court feels that having regard to the nature of offence and other relevant circumstances, quashing of proceedings may not be in the interest of justice. In such a situation, it is open to the court to make an appropriate order as it may deem just and equitable including fixation of time frame for conclusion of trial.

Supreme Court of India

Vakil Prasad Singh vs State Of Bihar on 23 January, 2009

Bench: D.K. Jain, R.M. Lodha

REPORTABLE

Citation: AIR2009SC1822, 2009CriLJ1731,(2009)3SCC355,

https://www.lawweb.in/2016/04/whether-prosecution-can-be-quashed_8.html

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Siddharth Dev (Advocate) 19 May 2016

NO but if trial is long drawn but also depends over discretion of JUSTICE @ HIGH COURT

Whether prosecution can be quashed against accused if his ri

Whether prosecution can be quashed against accused if his right to speedy trial is violated?

1 Replies

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