Criminal Complaint : A View of Supreme Court of 2022

 Criminal Complaint : A View of Supreme Court

An important Judgment has been passed by Hon'ble Supreme Court on 16 December 2022.

In the context of criminal complaint, it has been commented at page nos. 14 and 15 of Hasmukhlal D. Vora v State of Tamil Nadu [2022] GCtR 1681 (SC) thus : -

 

"In the present case, the Respondent has provided no explanation for the extraordinary delay of more than four years between the initial site inspection, the show cause notice, and the complaint. In fact, the absence of such an explanation only prompts the Court to infer some sinister motive behind initiating the criminal proceedings." 

"While inordinate delay in itself may not be ground for quashing of a criminal complaint, in such cases, unexplained inordinate delay of such length must be taken into consideration as a very crucial factor as grounds for quashing a criminal complaint."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as  16 December 2022.

Written by 

Vishal

Delhi

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