Delay in 34-yr-old criminal case: Allahabad HC seeks UP govt’s litigation policy

Justice Saurabh Lavania issued the directive on January 10 while hearing a petition by Madhukar Sharma, an accused in a 34-year-old criminal case. The court has stayed all criminal proceedings in the case, which involves charges of rioting and vandalism during a 1991 protest near the Vidhan Sabha.

The Lucknow bench of the Allahabad high court has directed the Uttar Pradesh director general (Prosecution) and additional chief secretary (Home) to submit personal affidavits detailing the state government’s litigation policy, particularly in prolonged delays.

The matter is scheduled for further hearing on January 30. (Sourced)

Justice Saurabh Lavania issued the directive on January 10 while hearing a petition by Madhukar Sharma, an accused in a 34-year-old criminal case. The court has stayed all criminal proceedings in the case, which involves charges of rioting and vandalism during a 1991 protest near the Vidhan Sabha.

Sharma sought quashing of the chargesheet and summoning order issued by the additional chief judicial magistrate (ACJM), Lucknow, in 1994, arguing that no evidence had been presented to substantiate the allegations. His counsel contended that the investigating officer failed to prove any involvement in the acts described in the FIR (first information report).

The high court noted the inordinate delay caused by the state and prosecution, as well as the nature of the offences, which carry a maximum sentence of seven years and a fine. Considering this, the court stayed the case proceedings till the next date of listing the matter and directed state officials to file affidavits within two weeks.

The matter is scheduled for further hearing on January 30.