RABINDRA YADAV v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 201, 304B
- Code of Criminal Procedure, 1973 s. 161
- Indian Evidence Act, 1872 s. 113B
- Constitution of India art. 21
Judgment
Having considered the facts and circumstances of the case, I do not find any illegality in the impugned order taking cognizance and summoning the petitioner, who happens to be the husband of the deceased, to face trial under section 304B of the Penal Code. This application is accordingly dismissed. However, it would be open to the petitioner to raise all these points at the time of framing of charge. Before parting with this case, I would express my displeasure over the manner in which the case remained pending for almost eight years on the point of cognizance from 31.7.1998 to
31.7.2006. Such callousness is against the very principles of speedy trial enshrined in Article 21 of the Constitution. Let a copy of this order be forwarded to the Sessions Judge, Saharsa. KHAN (S.P.Singh,J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.