Rashid v. Rabbani and Others
Case brief
What is this about?
Non-prosecution dismissal of a 1984 Allahabad criminal appeal (Criminal Appeal No. 2492 of 1984, Rashid v. Rabbani and Others) challenging acquittal recorded on 28.09.1983 by Shri M.H. Khan, Special Judicial Magistrate, Ghazipur, in Criminal Case No.666/1983 (Abdul Rashid Vs. Gulam Rabbani) under Sections 147, 148, 323, 324 and 504 IPC. Key points: death of sole appellant Rasid/Rashid s/o Sri Khuda Buksha during pendency; legal heirs served but not interested; appeal against acquittal in a complaint case cannot proceed without an interested party; inordinate delay of over forty years; no useful purpose in continuation; no advocate for appellant present even in revised call.
What did the court decide?
An appeal directed against an order of acquittal in a complaint case cannot be proceeded with in the absence of the appellant or any person interested in prosecuting it, and its continuation after an inordinate delay of more than forty years without any representation from the appellant's side would serve no useful purpose.