Prevention of Corruption Act l Delay in Charge Sheet l Quash l Dr. Jinesh Soni l 2024
Автор: SONI ARENA LAW LECTURE SERIES - HINDI
Загружено: 2024-11-10
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In this video, I have discussed the concept of Quashing of Charge Sheet on ground of delay. Point is that delay must be inordinate and unexplained. If the proceedings are mala fide and public servant is targeted, then on ground of fair investigation with speed speedy investigation, accused could contest.
In addition to this, it is to be noted that a speedy investigation is a fundamental right of the accused under the Constitution of India. The right to a speedy investigation is part of the right to a speedy trial, which is guaranteed under Article 21 of the Constitution.
The Supreme Court of India has recognized the right to a speedy trial in several landmark decisions, including:
Hussainara Khatoon v. State of Bihar (1979)
The court ruled that the state has a constitutional mandate to provide a speedy trial.
Kartar Singh v. State of Punjab (1994)
The court held that the right to a speedy trial is an essential part of the fundamental right to life and liberty.
The right to a speedy trial includes the following: Speedy investigation, Inquiry, Appeal, Revision, and Retrial.94
Dr. Jinesh Soni
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