SC Imposes On Police Constable To Pay 1 Lakh For Dragging The Trail Over 14 Years For Killing His Wife

CASE BACKGROUND

• CJI NV Ramana, Justice Vineet Saran and Justice Surya Kant comprised a bench which had a special leave petition hearing that was filed by the police constable against the Uttarakhand High Court's order declining to entertain his application for recording his statement yet again and rejecting to suppress or quash the Trial Court's order.
• Even after his statements were recorded in 2013, the Court had also blatantly stated in its disputed order that it was only a rescheduling approach on part of the accused, for wishing to inspect himself under Section 313 of Cr.PC.

CASE PROCEEDINGS

• The CJI remarked that he had successfully dragged this case for a time period of 14 years, in which he came to the Supreme Court twice and was actually accused of murdering his wife and he stated that what he did was an abuse, moreover it was a misuse of the power of the system.
• During the hearing, the Hon’ble Bench was informed that the accused was a police constable by profession upon which, the Chief Justice of India, N V Ramana rebuked and ordered him to be removed from that service and he should be directed to jail without a minute’s delay.

RELEVANT SUBMISSIONS

• The accused wanted to go on to record a new statement again under Section 313, about which the bench was again noted about that in 2021, but he had previously recorded a statement in 2013. Justice Surya Kant rebuked and rejected the plea saying if he remembers something else again in 5 years, if it was also supposed to be taken into record again.
• The accused is now being put under offences of 302, 304 B, 201, 234 of the Indian Penal Code which are to be read with Section 3 and 4 of the Dowry Prohibition Act.

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