| Topics |
Headnote |
Judgement |
| MOTOR VEHICLES ACT, 1988 |
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| MOTOR VEHICLES ACT, 1988 |
Constitution — Art. 21 — Right to speedy trial —IPC — Ss 279 & 338 — MV Act — S 134 — FIR under — Charge sheet missing — Period of Limitation elapsed — Held, this is a case of gross and undue delay which will certainly cause prejudice to the Applicant — the delay in the proceedings is unreasonable and is certainly fatal — will infringe the fundamental right of speedy trial u/Art. 21. (Para 12) |
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| MOTOR VEHICLES ACT, 1988 |
IPC — Ss 279 & 338 — MV Act — S 134 — FIR under — CrPC — Ss 190, 468 & 482 — Period of limitation lapsed — Charge sheet — the record as regards filing not available either with the Police Station or with the Court — Even a copy of the charge sheet not available — Impossible to reconstruct the charge sheet — the Official carried out the investigation retired — Absolutely no possibility of a charge sheet being filed — no possibility of Court taking cognizance of the offence in accordance with Sec. 190, CrPC — Proceedings quashed. (Para 10 & 11) |
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