Orissa High Court: In an application filed under Section 482 of Criminal Procedure Code (‘CrPC’) to quash pending criminal proceedings against the petitioners for charges under Sections 143, 353, 431, 294, 506 and 149 of Penal Code, 1860 (‘IPC’), a Single- Judge Bench of R.K Pattanaik, J, allowed the petition and quashed the pending criminal proceedings against the petitioners.
In the matter at hand, a First Information Report (‘FIR’) was lodged against the students (‘petitioners’) of Madhusudan Law College for obstructing the main road while demonstrating protests against the College Principal, demanding his removal. The petitioners staged an agitation and despite repeated requests of the police, they shouted slogans, used slang language, committed overt acts and paralyzed the traffic on the main road.
The Court noted that the chargesheet was filed in the year 2019, which was two years after the incident and the trial had not yet begun. Further, the Court found that there has been substantial delay in the completion of the investigation. The Court said that at times, delay defeats justice equally for the victim and the accused. Further, the Court also said that the petitioners, then students of law college, were alleged to be involved in the incident, some of whom have now joined the legal profession.
The Court noted that the incident originated from a college protest and since 2017, the Damocles sword is hanging over the petitioners, who await for the trial to commence, previous five years have gone by, out of which, the investigation unreasonably consumed more than two years just to round off the culprits. The Court viewed that the criminal action, which has been pending for the last six years and before court below since 2019 without any real progress, should be terminated in the interest of justice. The Court further said that such delay may not be claimed under normal circumstances but when pitted against the lives and career of the petitioners, who are having high hopes and aspiration to grow and prosper, it is quite considerable, and they cannot be allowed to face a life of uncertainty.
Thus, the Court quashed the pending criminal proceedings against the petitioners.
[Jeevanjyoti Mohanty v. State of Odisha, 2023 SCC OnLine Ori 1569, dated: 06-04-2023]
