Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay
Case: Eapen Chakoo V Ut Of J&K
Coram: Justice Sanjay Dhar
Case No.: CRM(M) No.78/2020
Court Observation: “Within what time a petitioner should approach the Court under Section 482 of the Cr. P. C depends upon the facts and circumstances of the case. Reasonable time generally means any time which is not manifestly unreasonable and which is fairly necessary for approaching the Court. Reasonable time would mean a time required by a prudent litigant to approach the Court in the given facts and circumstances of the case.”
“if a Court fails to take into consideration delay and laches while invoking the powers of the High Court under Section 482 of the Cr. P. C without any reasonable ground, there would be no end to the litigation, as a consequence whereof, neither any trial would be proceeded nor any trial would be concluded before the trial court”.
Previous Posts
Cancellation Of Bail Cannot Be Limited To The Occurrence Of Supervening Circumstances: Supreme Court
Section 313 CrPC Examination Not A Mere Procedural Formality; Trial Court Has To Question Accused Fairly With Care And Caution: Supreme Court Download Judgement
Keywords
Inordinate Delay, Limitation Period
