'No witnesses examined in 35 years': SC stays proceedings against cop

New Delhi, April 24: The Supreme Court of India has stayed criminal proceedings against a police officer in a 1989 rioting and assault case, noting that no prosecution witness has been examined in 35 years.

A bench of Justices J.B. Pardiwala and Vijay Bishnoi issued notice to the Uttarakhand government on a plea filed by Kailash Chandra Kapri, who challenged an order of the Allahabad High Court refusing to quash the case.

“We are informed that in all, five accused came to be chargesheeted, including the present petitioner. Out of five, two co-accused passed away, and the other two co-accused have already been acquitted as the prosecution failed to produce any of the prosecution witnesses for the purpose of recording oral evidence.

“In the facts and circumstances of this case and more particularly, having regard to the fact that almost 35 years have lapsed, we are inclined to quash the proceedings only on this ground alone,” the bench said.

The court said it was inclined to quash the proceedings on the ground of delay, but would first hear the state before passing further orders.

Kapri is facing trial under sections 147 (rioting), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of peace) of the IPC, along with Section 120 of the Railways Act, in connection with an FIR registered in 1989 at the GRP Rambagh police station in Prayagraj.

The matter has been posted for further hearing on April 29.