The Allahabad High Court, while hearing a quashing petition in a dowry harassment case, held that the inordinate delay of nearly seven years in filing the charge sheet and an additional three-year delay in taking cognizance reflected "sheer negligence" on the part of both the police and the trial court.

The case concerns a FIR registered in 2014 under Sections 498A, 323, 504, 506 of the Indian Penal Code (IPC) and Sections 3/4 of the Dowry Prohibition Act at Tharwai Police Station, District Prayagraj. Despite the First Information Report (FIR) being lodged on December 16, 2014, the charge sheet was filed only on June 24, 2021 — nearly seven years later. Adding to the delay, the Magistrate took cognizance of the charge sheet only on March 12, 2024, almost three years after it was submitted.

A bench of Justice Arun Kumar Singh Deshwal said, "This fact shows sheer negligence on the part of police as well as concerned court."

Advocate Anshuman Singh appeared for the Applicants, while Advocate Sandeep Chaudhary appeared for the Respondent.

The Court directed, “D.C.P., Gangapar is directed to file his personal affidavit, mentioning the reason as to why the police took almost seven years to submit the charge sheet, though the F.I.R. was lodged on 16.12.2014.”

Simultaneously, the District Judge, Allahabad, has been instructed to seek an explanation from the concerned Magistrate regarding the three-year delay in taking cognizance of the charge sheet and submit a report electronically to the Registrar (Compliance).

The matter has been listed for further hearing on April 21, 2025. Meanwhile, the Registrar (Compliance) has been directed to ensure that copies of the Court’s order are communicated to both the D.C.P. and the District Judge for immediate compliance.

Cause Title: Krishna Kumar & Ors. v. State of U.P. & Ors.

Appearance:

Applicants: Advocates Adwitiya Prakash Tiwari, Amit Singh, Anshuman Singh

Click here to read/download Order


Allahabad High CourtJustice Arun Kumar Singh Deshwal

Suchita Shukla

Assistant Editor

Suchita Shukla is an Assistant Editor at Verdictum, with a strong foundation in legal research and writing, she brings over 4.5 years of experience to the table, having honed her skills in the dynamic field of law. She covers Supreme Court and High Courts. She completed her BA-LLB (Hons.) 5-year course with specialisation in Intellectual Property rights from Galgotias University. Since 2019, apart from having worked at a legal publishing house she has also ventured into legal journalism.