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Tag: Right to Speedy Trial

Speedy Trial Rights in Matrimonial Litigation

Posted on March 4 by Suprajaa Rajan

Speedy Trial Rights – Understanding the constitutional guarantee against prolonged criminal and matrimonial proceedings accordingly. 

Litigation arising out of matrimonial disputes often extends for years, undeniably. Criminal complaints under Section 498A IPC, proceedings under the Domestic Violence Act, and maintenance claims under Section 125 CrPC frequently remain pending for prolonged periods.

However, the right to a speedy trial is not merely procedural. It is a constitutional guarantee flowing from Article 21 of the Constitution of India.

This article explains the scope, judicial interpretation, remedies, and strategic use of speedy trial rights in matrimonial criminal litigation.

I. Constitutional Foundation of Speedy Trial

The Supreme Court in Hussainara Khatoon v. State of Bihar recognised that the right to speedy trial is implicit in Article 21.

The Court held that, “A procedure that keeps an accused under prolonged uncertainty violates the guarantee of personal liberty.”

The principle applies equally to matrimonial criminal cases.

II. Applicability in Matrimonial Litigation

Speedy trial rights become relevant in:

  • Criminal complaints under Section 498A IPC

  • Proceedings under Section 406 IPC

  • Cases under the Protection of Women from Domestic Violence Act, 2005

  • Maintenance proceedings under Section 125 CrPC

  • Parallel divorce proceedings impacting criminal defence

Prolonged pendency may undeniably result in:

  • Social stigma

  • Financial burden

  • Career disruption

  • Travel restrictions

  • Psychological distress

Thus, courts recognise that delay itself may amount to prejudice.

III. Judicial Tests for Determining Delay

In A.R. Antulay v. R.S. Nayak, the Supreme Court laid down guiding factors to assess violation of speedy trial rights.

Courts consider:

  • Length of delay
  • Reasons for delay
  • Conduct of the accused
  • Prejudice caused

There is no fixed time limit as such. Each case is assessed on facts.

IV. Can Delay Lead to Quashing?

Yes, in appropriate cases.

Where delay is:

  • Inordinate

  • Unexplained

  • Attributable to prosecution

  • Causing serious prejudice

High Courts may exercise inherent powers under Section 482 CrPC to quash proceedings.

However, mere passage of time is insufficient. The delay must defeat justice.

V. Delay in 498A Trials

Matrimonial criminal cases often suffer delay due to:

  • Repeated adjournments

  • Non-appearance of witnesses

  • Mediation attempts

  • Parallel civil litigation

  • Transfer petitions

Courts have repeatedly emphasised that matrimonial disputes should not become instruments of prolonged harassment.

In Pankaj Kumar v. State of Maharashtra, the Supreme Court reiterated that oppressive delay can violate Article 21.

VI. Speedy Trial in Domestic Violence & Maintenance Proceedings

Proceedings under the Protection of Women from Domestic Violence Act, 2005 are intended to be summary in nature.

Similarly, Section 125 CrPC proceedings aim at immediate relief. Additionally, unjustified delay defeats the object of these provisions.

Respondents may seek:

  • Expedited hearing

  • Time-bound cross-examination

  • Closure of evidence where complainant delays

Hence, courts increasingly discourage unnecessary adjournments.

VII. Remedies Available for Delay

If proceedings are unduly delayed, the accused may:

  • File application for expeditious trial
  • Seek day-to-day hearing
  • Oppose adjournments
  • Approach High Court under Section 482 CrPC
  • Seek discharge where delay impacts fairness

In extreme cases, delay may result in:

  • Quashing of proceedings

  • Reduction of sentence

  • Acquittal due to prejudice

VIII. When Delay Is Attributable to the Accused

The right to speedy trial is reciprocal.

If delay is caused by:

  • Repeated exemption applications

  • Non-cooperation

  • Filing frivolous petitions

  • Seeking adjournments

Undoubtedly, courts will reject speedy trial claims.

Clearly, clean conduct strengthens constitutional argument.

IX. Strategic Importance in Matrimonial Defence

Speedy trial rights become strategically relevant when:

  • Allegations are weak

  • Complainant avoids cross-examination

  • Prosecution witnesses remain absent

  • Case lingers without progress

Also, an application highlighting prejudice may pressure prosecution to proceed diligently.

Delay can weaken prosecution case due to:

  • Fading memory

  • Unavailable witnesses

  • Documentary inconsistencies

However, strategic balance is essential.

X. Practical Checklist for Accused Persons

If your matrimonial criminal case is pending for several years insignificantly:

  • Track hearing dates
  • Maintain record of adjournments
  • Identify cause of delay
  • File written objection to repeated adjournments
  • Seek High Court intervention if necessary

Documenting delay strengthens your case eventually.

XI. Key Judicial Principles

  • Speedy trial is a fundamental right.
  • No rigid time limit exists.
  • Delay must cause prejudice.
  • Conduct of parties is relevant.
  • Courts balance societal interest with individual liberty by all means.

XII. Conclusion

The right to speedy trial, thus, protects individuals from endless criminal litigation. In matrimonial disputes, where personal relationships and reputations are at stake, delay compounds injury.

Also, courts recognise that justice delayed may become justice denied. However, relief depends on facts, conduct, and demonstrable prejudice.

Invoking Article 21 strategically can prevent criminal process from becoming prolonged punishment significantly.


Index of Legal Strategies and Defence is here. 


 

Frequently Asked Questions

No statutory limit exists, but unreasonable delay may violate Article 21.

Not automatically. Prejudice must be demonstrated.

Yes. Courts often issue directions for expeditious disposal.

Settlement may lead to quashing, rendering speedy trial issue redundant.


Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in Legal Procedure | Tagged Article 21 - Protection of life and personal liberty Criminal Procedure Matrimonial Criminal Law Matrimonial dispute Matrimonial Litigation India Right to Liberty Right to Speedy Trial | Leave a comment

Vijay Kumar and Ors Vs State of Rajasthan on 08 Jan 2026

Posted on January 9 by ShadesOfKnife

A division bench of Supreme Court was ‘surprised‘ for the delays in disposing petitions by High Courts, after granting relief of stay… hehe…

It is funny these Judges were earlier High Court judges and they know all to very well, why.

From Para 15,

15. The Criminal Revision Petition filed by the petitioners in the year 2003 came to be taken up for hearing by the learned Single Judge of the High Court on 24-8-2023, i.e., after about 20 years.

From Paras 21-25,

“21. We would like to know first and the foremost why it took 23 years for the High Court to take up the Criminal Revision Petition filed by the petitioners for hearing, more particularly when the subject matter of challenge in the Criminal Revision Petition was an order framing charge in a very sensitive and serious trial like one of dowry death.”

“22. We would like to examine the entire record of the proceedings. We are saying so because we are perturbed by the fact that despite an interim relief operating, why the matter was not taken up for hearing at the earliest.”

23. “We direct the Registrar General of the High Court of Rajasthan to forward the entire record with all the order sheets by a Special Messenger to this Court at the earliest.”

24. “We would also like to know from the Registrar General of the High Court as to how many Criminal Revision Petitions came to be heard and disposed of between 2001 and 2026. We want the High Court to provide us with a break up of how many criminal revision petitions were filed in the year 2001 and how many came to be disposed of. We want this break up right up to the year 2026.”

25. “We would also like to know how many times the Criminal Revision Petition filed by the petitioners – herein in the High Court was notified for hearing from the date of its filing till the date it came to be dismissed.”

From Paras 26 and 27,

26. We would also like to know from the State as to what steps it took as the prosecuting agency to get the Criminal Revision Petition filed by the petitioners heard at the earliest.
27. Why during this interregnum period of 23 years, the State of Rajasthan kept quiet and did not take any steps to get the Criminal Revision Petition heard and decided on merits.

From Paras 29 and 30,

29. If criminal trials in such serious offences remain pending for years together on the strength of interim orders passed by the High Courts, it would lead to nothing but mockery of justice. Justice has to be done with all the parties. Justice cannot be done only with the accused persons. Justice has to be done even with the victim and the family members of the victim. Injustice anywhere is a threat to justice everywhere.
30. In this regard, we request the Chief Justices of all the High Courts to ensure that the petitions wherein interim orders are passed holding up the trials should be immediately taken up for hearing, more particularly in sensitive and serious matters like murder, dowry death, rape etc.

From Para 35,

35. Let a copy of this order be transmitted to Secretary Generals/Registrar Generals of all the High Courts so as to have the same placed before the Hon’ble Chief Justices.


Next hearing on 15-1-2026.


Vijay Kumar and Ors Vs State of Rajasthan on 08 Jan 2026

Index of Judgments pertaining to Right to Speedy Trial here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Judiciary Antics Right to Speedy Trial Vijay Kumar and Ors Vs State of Rajasthan | Leave a comment

Renuka Jain Vs State (NCT of Delhi) and Ors on 06 Jan 2026

Posted on January 9 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Para 2 onwards,

2. Learned APP appearing on advance intimation submits that the petition is not even maintainable as the petitioner has no locus standi.
3. As regards locus standi, the only argument advanced by learned counsel for petitioner is that petitioner is a victim and also the complainant de facto of the offence, so she has a right to file such petition. Learned counsel for petitioner also refers to order dated 07.02.2023 of a coordinate bench of this Court passed in W.P. (Crl.) 2090/2018 to show that on similar petition of the present petitioner, the learned Single Judge directed the trial court to conclude the trial within two years after framing of charges.
4. I find substance in the submission of the learned prosecutor that the subject case being a State case, role of the complainant de facto is limited to being a witness and therefore, it is only the State or the accused who can bring such petition. In this regard, it would be apposite to also note that the complainant de facto can sustain action independent of prosecution side only in certain situations explicitly laid down in law. The present petition does not fall under that category.
5. So far as the reliance on order passed by the coordinate bench, firstly, the said order was passed in a writ petition, which is not the present case. Secondly, the learned Single Judge had no occasion to examine the locus standi of the petitioner and it was practically a single sentence direction to the trial court to conclude the trial within two years after framing of charges. Admittedly, till date charges are yet to be framed and the record does not reflect any delay on the part of the trial court.
6. The petition is completely frivolous and drain on already overflowing dockets of the Court, so dismissed with cost of Rs.10,000/- to be paid online with www.bharatkeveer.gov.in by petitioner within one week. Accompanying application also stands disposed of.
7. Further, it appears that the counsel to file this petition has been provided to the petitioner by DHCLSC without examining the strength of the case. Copy of this order be sent to the Secretary, DHCLSC to make sure that in future, while providing legal aid, sustainability of the legal proceedings sought to be initiated through free legal aid must be tested so that public money is not wasted.

Renuka Jain Vs State (NCT of Delhi) and Ors on 06 Jan 2026

Index of Judgements under Article 21 (Right to Speedy Trail) here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Locus Standi is alien to Criminal Jurisprudence Renuka Jain Vs State (NCT of Delhi) and Ors Right to Speedy Trial | Leave a comment

K Sreekanth Naik Vs P Nalini and Anr on 27 Mar 2025

Posted on September 21, 2025 by ShadesOfKnife

A single judge bench of Andhra Pradesh High Court held that a non-cooperating wife with the Criminal trail who has been evading appearance before the Court,.

From Paras 3-6,

3. The learned counsel for the petitioner submits that the 1st respondent is not cooperating with the trail and has been evading appearance before the Court, even though bailable warrants were issued against the 1st respondent. It is also submitted that the bailable warrants were cancelled soon after the 1st respondent filed a memo undertaking to appear.
4. Today, when the matter was taken up for hearing, the learned counsel for the 1st respondent submits that even the petitioner was also absent on the last date of hearing, when the matter was listed for trial.
5. It is further submitted that the matter is now fixed for trial on 22.04.2017, and the 1st respondent would appear in Court and adduce the evidence.
6. Considering the submission, the Criminal Petition is disposed off with an observation that the learned Magistrate should endeavor to complete the trial as expeditiously as possible, preferable within a period of six (06) months from the date of the receipt of this order.

2025-03-27 K Sreekanth Naik Vs P Nalini and Anr on 27 Mar 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/79857987/


Thanks to Adv Ram G for the below copy. He practiced law (all subjects) at Anantapur Courts and reachable on +91-90000-32896

2025-03-27 K.Sreekanth_Naik_vs_P_Nalini_-_2025_Supreme(Online)(AP)_3987_-_Supreme

Disclaimer: This is a case that I handled myself for the husband. This is my second reportable judgment.

 

 

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision K Sreekanth Naik Vs P Nalini and Anr Prevent Delays In Court Proceedings Reportable Judgement or Order Right to Speedy Trial | Leave a comment

Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024

Posted on November 24, 2024 by ShadesOfKnife

After waiting for 9 months, since 26-Feb-2024, decided to file a speedy trial petition before AP High Court u/s 529 BNSS, 2023, against the endless delay caused in the DV case.

Here is the Petition copy.

2024-11-05 Quash or Speedy Trail in DVC Appeal v0.1

Here is the Order copy.

Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024

Back to Home page of my cases here.

Posted in Sandeep Pamarati | Tagged BNSS Sec 529 โ€“ Duty of High Court to exercise continuous superintendence over Courts Right to Speedy Trial Sandeep Bhavan Pamarati Vs State of AP | Leave a comment

N Rajeev Vs C Deepa on 26 July 2023

Posted on July 30, 2023 by ShadesOfKnife

A single judge from Bengaluru bench of Karnataka High Court held as follows,

From Paras 2 and 3,

2. Notice to respondent spouse is dispensed with since no order adverse to her interest is being made and further she will have full opportunity of participation in the trial of the subject case at the hands of the court below. Added, she too will have the advantage of early disposal.
3. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this Court is broadly in agreement with the proposition that the matrimonial causes should be tried & disposed off on a war footing, at least as a concession to the shortness of human life. It was Thomas Carlyle (1795-1881), a British historian of great repute who had said: “Life is too short to be little”. When a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of granting such a decree, the parties may restructure their lives. It hardly needs to be stated ‘life is lost in living’. Delay in disposal of such cases very badly affects the parties thereto, needs no deliberation.
In the above circumstances, learned Family Court Judge is requested to accomplish the trial & disposal of the subject seven year old case preferably within an outer limit of three months, all contentions having been kept open.
The Registrar General of this court is instructed to circulate this judgment in all the concerned circles so that other similarly circumstanced litigants may not unnecessarily knock at the doors of this court seeking a direction for the expeditious disposal of their cases.
Registry to send a copy of this judgment to the respondent-wife by Speed Post, immediately.

N Rajeev Vs C Deepa on 26 July 2023

Citations:

Other Sources:

https://indiankanoon.org/doc/102000202/

https://www.casemine.com/judgement/in/64c14eeb843b5e67363850e6

https://www.verdictum.in/court-updates/high-courts/karnataka-hc-courts-should-make-all-efforts-to-try-dispose-of-cases-involving-dissolution-of-marriage-within-one-year-1486930

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court HM Act 11 - Void marriages N Rajeev Vs C Deepa Notice to Respondents Dispensed With Reportable Judgement or Order Right to Speedy Trial | Leave a comment

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Posted on July 1, 2021 by ShadesOfKnife

Supreme Court passed these mandatory guidelines which “All Courts dealing with suits and execution proceedings shall follow”.

From Para 42,

42. All Courts dealing with suits and execution proceedings shall mandatorily follow the below-mentioned directions:
1. In suits relating to delivery of possession, the court must examine the parties to the suit under Order X in relation to third party interest and further exercise the power under Order XI Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third party interest in such properties.
2. In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the Court, the Court may appoint Commissioner to assess the accurate description and status of the property.
3. After examination of parties under Order X or production of documents under Order XI or receipt of commission report, the Court must add all necessary or proper parties to the suit, so as to avoid multiplicity of proceedings and also make such joinder of cause of action in the same suit.
4. Under Order XL Rule 1 of CPC, a Court Receiver can be appointed to monitor the status of the property in question as custodia legis for proper adjudication of the matter.
5. The Court must, before passing the decree, pertaining to delivery of possession of a property ensure that the decree is unambiguous so as to not only contain clear description of the property but also having regard to the status of the property.
6. In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application.
7. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree.
8. The Court exercising jurisdiction under Section 47 or under Order XXI of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any such issue which otherwise could have been raised and determined during adjudication of suit if due diligence was exercised by the applicant.
9. The Court should allow taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like appointment of Commissioner or calling for electronic materials including photographs or video with affidavits.
10. The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant compensatory costs in accordance with Section 35A.
11. Under section 60 of CPC the term “…in name of the judgment- debtor or by another person in trust for him or on his behalf” should be read liberally to incorporate any other person from whom he may have the ability to derive share, profit or property.
12. The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.
13. The Executing Court may on satisfaction of the fact that it is not possible to execute the decree without police assistance, direct the concerned Police Station to provide police assistance to such officials who are working towards execution of the decree. Further, in case an offence against the public servant while discharging his duties is brought to the knowledge of the Court, the same must be dealt stringently in accordance with law.
14. The Judicial Academies must prepare manuals and ensure continuous training through appropriate mediums to the Court personnel/staff executing the warrants, carrying out attachment and sale and any other official duties for executing orders issued by the Executing Courts

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/93073896/

https://www.casemine.com/judgement/in/6085af43c07b9e7eacd85ef8

https://www.indianemployees.com/judgments/details/rahul-s-shah-versus-jinendra-kumar-gandhi-ors

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 21 - Protection of life and personal liberty Expedited Enforcement or Execution Proceedings Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Rahul S Shah Vs Jinendra Kumar Gandhi Reportable Judgement or Order Right to Speedy Trial | Leave a comment

Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu on 08 Jun 2018

Posted on June 14, 2021 by ShadesOfKnife

A single judge bench of AP High Court held that ‘The application in I.A.No.1734 of 2017 filed under Section 5 of the Limitation Act is not disposed of for the past more than one year.‘

Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu on 08 Jun 2018

Citations :

Other Sources :

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court Right to Speedy Trial Shaik Peeru Saheb Vs Vallamsetty Haranadha Babu | Leave a comment

Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy on 22 Jun 2017

Posted on June 14, 2021 by ShadesOfKnife

A judgment from a single judge bench granting speedy trial…

Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy on 22 Jun 2017

Citations :

Other Sources :

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court Right to Speedy Trial Tiyyagura Subhakara Reddy Vs Bhimavarapu Krishna Reddy | Leave a comment

Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008

Posted on February 17, 2021 by ShadesOfKnife

In this landmark judgment, Apex Court held that Right to speedy trial is implicit to Article 21 of Constitution of India and also passed guidelines to ensure that this right is not violated, and it violated, Constitutional Courts have a duty to fix such violation appropriately.

From Para 14,

14. Time and again this Court has emphasized the need for speedy investigations and trial as both are mandated by the letter and spirit of the provisions of the CrPC. (In particular, Sections 197, 173, 309, 437 (6) and 468 etc.) and the constitutional protection enshrined in Article 21 of the Constitution. Inspired by the broad sweep and content of Article 21 as interpreted by a seven-Judge Bench of this Court in Maneka Gandhi Vs. Union of India & Anr., in Hussainara Khatoon & Ors. Vs. Home Secretary, State of Bihar, this Court had said that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except according to procedure established by law; that such procedure is not some semblance of a procedure but the procedure should be ‘reasonable, fair and just’; and therefrom flows, without doubt, the right to speedy trial. It was also observed that no procedure which does not ensure a reasonably quick trial can be regarded as ‘reasonable, fair or just’ and it would fall foul of Article 21. The Court clarified that speedy trial means reasonably expeditious trial which is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21.

From Para 15,

15. The exposition of Article 21 in Hussainara Khatoon’s case (supra) was exhaustively considered afresh by the Constitution Bench in Abdul Rehman Antulay & Ors. Vs. R.S. Nayak & Anr.11. Referring to a number of decisions of this Court and the American precedents on the Sixth Amendment of their Constitution, making the right to a speedy and public trial a constitutional guarantee, the Court formulated as many as eleven propositions with a note of caution that these were not exhaustive and were meant only to serve as guidelines. For the sake of brevity, we do not propose to reproduce all the said propositions and it would suffice to note the gist thereof. These are:
(i) fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily;
(ii) right to speedy trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial;
(iii) in every case where the speedy trial is alleged to have been infringed, the first question to be put and answered is —
who is responsible for the delay?;
(iv) while determining whether undue delay has occurred (resulting in violation of right to speedy trial) one must have regard to all the attendant circumstances, including nature of offence, number of accused and witnesses, the work-load of the court concerned, prevailing local conditions and so on— what is called, the systemic delays;
(v) each and every delay does not necessarily prejudice the accused. Some delays may indeed work to his advantage. However, inordinately long delay may be taken as presumptive proof of prejudice. In this context, the fact of incarceration of accused will also be a relevant fact. The prosecution should not be allowed to become a persecution. But when does the prosecution become persecution, again depends upon the facts of a given case;
(vi) ultimately, the court has to balance and weigh several relevant factors—’balancing test’ or ‘balancing process’—and determine in each case whether the right to speedy trial has been denied;
(vii) Ordinarily speaking, where the court comes to the conclusion that right to speedy trial of an accused has been infringed the charges or the conviction, as the case may be, shall be quashed. But this is not the only course open and having regard to the nature of offence and other circumstances when the court feels that quashing of proceedings cannot be in the interest of justice, it is open to the court to make appropriate orders, including fixing the period for completion of trial;
(viii) it is neither advisable nor feasible to prescribe any outer time-limit for conclusion of all criminal proceedings. In every case of complaint of denial of right to speedy trial, it is primarily for the prosecution to justify and explain the delay. At the same time, it is the duty of the court to weigh all the circumstances of a given case before pronouncing upon the complaint;
(ix) an objection based on denial of right to speedy trial and for relief on that account, should first be addressed to the High Court. Even if the High Court entertains such a plea, ordinarily it should not stay the proceedings, except in a case of grave and exceptional nature. Such proceedings in High Court must, however, be disposed of on a priority basis.

From Para 17,

17. 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 persecutions 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 for conclusion of trial.

Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008

Citations : [2008 RCR CRI 4 890], [2008 AIR SC 0 5165], [2008 JT 8 109], [2008 AIR SC 3077], [2008 RAJ 6 293], [2008 SCC 16 117], [2008 WLC 2 677], [2008 MLJ CRI 2 1649], [2009 SCJ 1 998], [2008 SCALE 9 760], [2008 CCR 3 176], [2008 DLT CRI 3 533], [2008 SLT 6 233], [2008 AIOL 2116], [2008 ANJ SC 2 173], [2008 BOMCR CRI SC 2 590], [2010 SCC CRI 4 217], [2008 AIC SC 68 93], [2009 LLN 2 798], [2009 FLR 122 790], [2008 CRLJ SC 3944], [2008 AIR SCW 5165]

Other Sources:

https://indiankanoon.org/doc/1223002/

https://www.casemine.com/judgement/in/5609ae6ae4b0149711413c8f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Pankaj Kumar Vs State of Maharashtra and Ors Right to Personal Liberty Right to Speedy Trial | Leave a comment

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Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
shree_2_2 เคถเฅเคฐเฅ€ @shree_2_2 ·
21 Jun

He spoke on behalf of all nationalists loved this side of Anand sir๐Ÿ˜…๐Ÿ˜…๐Ÿ˜…

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shoneekapoor ShoneeKapoor @shoneekapoor ·
20 Jun

Judge Calls Wifeโ€™s Beating โ€œBlessingโ€? Gender Reverse Karke Dekho

A husband tells the court that his wife beats him. In a viral clip from Gwalior Bench proceedings, the judge is heard saying:

โ€œHusband who gets beaten up by his wife is a lucky man. That beating is a blessing.

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