Criminal revision decided after 20 years; Supreme Court asks HCs to expedite hearing in heinous cases
Top court dismisses appeal filed by accused Vinay Gupta challenging High Court’s eventual rejection of their revision plea, but made it clear that matter could not 'rest at that'
Concerned over a criminal revision petition pending for 20 years in Rajasthan due to an interim order, the Supreme Court has asked all high courts to promptly take up cases where trials in heinous offences such as murder, rape, and dowry death have been stayed on account of their interim orders.
A Bench of Justice JB Pardiwala and Justice KV Viswanathan sought to know why it took more than 20 years for the High Court to take up the Criminal Revision Petition filed by the petitioners for hearing, more particularly when the subject matter of challenge in the Criminal Revision Petition was an order framing charge in a very sensitive and serious trial like one of dowry death.
The top court dismissed the appeal filed by accused Vinay Gupta challenging the High Court’s eventual rejection of their revision plea, but made it clear that the matter could not “rest at that”.
It asked chief justices of all high courts to ensure that petitions — in which interim orders were passed staying criminal trials — were taken up for hearing at the earliest, particularly in serious and sensitive cases such as murder, dowry death and rape.
The top court ordered a copy of its order to be sent to registrar generals of all high courts to be placed before their respective chief justices.
“If criminal trials in such serious offences remain pending for years together on the strength of interim orders passed by the High Courts, it would lead to nothing but mockery of justice. Justice has to be done with all the parties. Justice cannot be done only with the accused persons. Justice has to be done even with the victim and the family members of the victim. Injustice anywhere is a threat to justice everywhere,” it said.
“Justice has to be done with all the parties. Justice cannot be done only with the accused persons. Justice has to be done even with the victim and the family members of the victim. Injustice anywhere is a threat to justice everywhere,” the Bench said, posting it for hearing on January 15 when it will consider the larger issues involved.
The case related to the death of a young woman on December 31, 2001 at her matrimonial home in Ajmer district within a year of her November 21, 2000 marriage under “mysterious circumstances”.
Following a complaint lodged by her brother, an FIR was registered at the Nazirabad City Police Station at Ajmer under Sections 498A (cruelty) and 304B (dowry death) of the IPC on January 10, 2002. The complaint alleged that she faced persistent dowry harassment and was administered poison.
The filed a charge-sheet against the husband and six of his family members in August 2002 and the trial court framed charges in the case on November 15, 2002.
In January 2003, the accused moved the Rajasthan High Court against the order framing charges and on February 14, 2003, the High Court stayed the trial.
Interestingly, the criminal revision was taken up for hearing by a single-judge only in August 2023 and was dismissed on August 1, 2025, leading to the accused moving the top court.
