Calcutta HC quashed a 2011 case against Army personnel accused of outraging women’s modesty

The Calcutta High Court in the case In the matter of : M. Haridos @ M. Haridas observed while quashing criminal proceedings initiated against an Indian Army personnel by invoking its inherent powers under Section 482 of Code of Criminal Procedure, recently, the court has underscored that the right to a speedy right being a constitutional right. The bench headed by Justice Siddhartha Roy Chowdhury observed that the Right to have speedy trial since been considered as constitutional right, this court consider it expedient and just to invoke the provision of Section 482 of Code of Criminal Procedure for quashing the proceeding in order to avert abuse of process of law, which being a writ at large in this particular proceeding and for securing the ends of justice. In the present case, the court initiated the criminal proceedings against the Indian Army personnel back in 2011 under Section 354 of the Indian Penal Code, 1860 which penalizes acts of assault or for criminal force to a woman with “intent” to outrage the modesty of women. In the said case the accused moved the High Court wherein seeking to quash the criminal proceedings initiated against him on the basis of the case registered on June 12, 2011. However, the said court was apprised of the fact that the accused has been serving in the Indian Army and that he is on the verge of retirement. Further, the court was also informed that although he has been enlarged on bail however since 20.03.2012 (date fixed for evidence) until 14.09.2022, it has been failed by the prosecution for examining a single witness including the victim. During the hearing, the counsel appearing for the accused submitted before the court that the pending criminal proceedings would be an impediment in getting his terminal dues and that he has already lost the chance of being getting promoted because of this criminal case. Accordingly, the court disposed of the criminal revision petition and has quashed the pending criminal proceedings.

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