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Dr. Rajesh Talwar And Another vs Central Bureau Of Investigation Thru Its Director And Anr

Allahabad HC

19/07/2013

APPLICATION U/S 482 No. - 20215 of 2013

About/from the judgment:

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Lastly but not the least, I may notice that learned counsel appearing for CBI have stressed that this Court and the Apex Court both have desired that trial in this matter should be held expeditiously. There can be no two opinion that justice delayed is justice denied. In the matter of criminal administration of justice, it is of utmost importance that trial must proceed and conclude expeditiously which is in the interest of not only prosecution and accused, i.e. the parties to the case before the Trial Court, but also in the interest of society at large. The anxiety of Trial Court in proceeding with the trial in this case expeditiously is quite commendable and appreciatable but then there has to be caution that an expeditious trial may not get converted into a hasty and hurried trial, in the zeal of proceeding expeditiously, particularly when, the matter relates to serious charge like double murder where accused may face severest punishment. The Trial Court has to be extremely cautious, careful and vigilant so that in the process of expeditiousness, element of fairness, due opportunity and justice is not sacrificed. The right of accused to put his best evidence can/should not be defeated in the name of expeditious trial. It is for this reason a Trial Court, while proceeding expeditiously, must have a proper balance so that simultaneously both the things may be maintained i.e. without deviating valuable right of defence to the accused, trial is conducted and concluded expeditiously only then it can be said that justice has been done and achieved its object.

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