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‘35 years and zero witnesses’: Supreme Court may close 1989 case against police officer
The Supreme Court, however, said it will first hear the Uttarakhand Government before issuing a final order.
The girl's mother had approached the court seeking permission for medical termination of her daughter's pregnancy as it had crossed the statutory limit set by the Medical Termination of Pregnancy Act. File Photo
The Supreme Court recently indicated that it may close a 35-year-old criminal case against a police officer in which no prosecution witness has been examined so far, terming the prolonged pendency a key factor for consideration.
A bench of Justices J B Pardiwala and Vijay Bishnoi, however, said it will first hear the Uttarakhand Government before passing a final order.
On April 20, the court issued notice to the state on an appeal filed by accused Kailash Chandra Kapri challenging a February 23, 2026, Allahabad High Court order that had refused to quash the case.
Kapri is facing charges under Indian Penal Code (IPC) sections 147, dealing with punishment for rioting, section 323 (punishment for voluntarily causing hurt), and section 504 (intentional insult with intent to provoke breach of peace) and Section 120 of the Railway Act which deals with the mode of inquiry into accidents not covered under other provisions of the Act.
Trial in the case in which a First Information Report (FIR) was registered with the Government Railway Police, Rambagh Police Station, in 1989, is currently pending in the Court of Additional Chief Judicial Magistrate (Railway), Prayagraj, since 1991.
Appearing for him, Advocates Rajesh G Inamdar and Shashwat Anand pointed out that 5 accused were chargesheeted in the case. Of these, two co-accused passed away and the other two co-accused were acquitted on the ground that the prosecution failed to produce any of the prosecution witnesses for the purpose of recording oral evidence.
Taking note, the bench said, “In the facts and circumstances of this case and more particularly, having regard to the fact that almost 35 years have lapsed, we are inclined to quash the proceedings only on this ground alone”.
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Posting it for further hearing on April 29, the bench said, “In the meantime, there shall be stay of the further proceedings of the case… pending before the Additional Chief Judicial Magistrate (Railway), Prayagraj.”.
Rejecting Kapri’s plea to quash the criminal proceedings, the HC had said, “from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage.”
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