Delay in criminal case can not be condoned without hearing accused
Since the Chief Judicial Magistrate condoned the delay for launching the prosecution, without notice to the respondents and without affording any opportunity to the respondents to have their say, the case deserves to be remitted to the Chief Judicial Magistrate for deciding the application filed by the prosecution seeking condonation of delay, if any, afresh in accordance with law after hearing both the parties. It is after the decision of the application for condonation of delay that the Chief Judicial Magistrate shall proceed further in the matter. The finding of the High Court that the CJM could not take cognizance of the offence on the basis of 'incomplete' police report, for the reasons already recorded, is, however, set aside. The Chief 47 Judicial Magistrate shall proceed further in accordance with law after deciding the application seeking condonation of delay.
Supreme Court of India
State Of Maharashtra vs Sharadchandra Vinayak Dongre on 7 October, 1994
Equivalent citations: 1995 AIR 231, 1995 SCC (1) 42
