Supreme Court decides to examine reasons behind chronic delay in trial courts to frame charges, links it to pendency

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The Supreme Court connected Wednesday (October 29, 2025) decided to analyse the reasons down transgression courts chronically delaying the framing of charges for years unneurotic successful cases ripe for trial.

A Bench of Justices Aravind Kumar and N.V. Anjaria voiced interest astir proceedings judges failing to framework charges, 1 of the archetypal steps successful proceedings proceedings, successful cases successful which chargesheets were filed months, adjacent years, ago.

“This is simply a occupation seen crossed the country. Charges are not filed successful cases adjacent though constabulary person filed chargesheets,” Justice Kumar observed orally.

The tribunal noted that proceedings proceedings were facing inordinate delays successful the framing of charges, adjacent though Section 251 (1) (b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandated that it indispensable beryllium done wrong 60 days successful sessions cases.

Justice Kumar linked the immense pendency of transgression cases successful proceedings courts to the hold-up successful framing charges.

“We are of the considered sentiment that definite directions request to beryllium issued pan-India… We privation to cognize what the difficulties are... We volition contented directions for each courts crossed the country,” Justice Kumar noted.

The tribunal asked the Attorney General and Solicitor General to assistance the court, too appointing elder advocates Siddharth Luthra and S. Nagamuthu arsenic amici curiae successful the case.

The Bench was proceeding an entreaty filed by Aman Kumar, represented by advocates Saumya Dwivedi and Somesh Chandra Jha, whose regular bail plea was rejected by the Patna High Court.

The lawsuit acrophobic an effort to bargain petrol from a truck. The accusation against Aman Kumar was that helium changeable the motortruck proprietor successful the tummy erstwhile helium tried to defy the theft.

“The petitioner, who is an accused for offences punishable nether Sections 309(5), 109(1), 103, 105 of BNS and 27 of the Arms Act is seeking for assistance of regular bail contending that helium is guiltless and has been falsely implicated,” the apex tribunal noted.

The Bench noted that Aman Kumar has been down bars since August past year. It said the proceedings justice was yet to framework charges though the chargesheet was filed successful the lawsuit successful September 2024.

“We person noticed, clip and again, the charges are not being framed adjacent months and years aft framing the chargesheet. This is 1 of the superior reasons for the proceedings getting delayed. Until and unless it is framed, proceedings volition not commence. As such, this concern seems to beryllium prevalent successful astir of the courts and we are of the considered sentiment that definite directions request to beryllium issued pan-India,” the tribunal observed.

It listed the lawsuit for further proceeding aft 2 weeks.

Published - October 29, 2025 10:36 p.m. IST

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