CrPC - Litigating Hand

S. Rama Krishna vs S. Rami Reddy (D) By His Lrs. [2008 (5) SCC 535]

Complainant cannot allow a case to remain pending for an indefinite period

The conduct of the complainant for the said purpose is of immense significance. He cannot allow a case to remain pending for an indefinite period.

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High Court failed to take into consideration the fact that it was dealing with an order of acquittal and, thus, the principle of law which was required to be applied was that, if two views are possible, a judgment of acquittal should not ordinarily be interfered with. There exists a distinction between a civil case and a criminal case. Speedy trial is a fundamental right of an accused. The orders passed by the competent court of law as also the provisions of Code of Criminal Procedure must be construed having regard to the Constitutional scheme and the legal principles in mind.