The Supreme Court has stayed proceedings against a Uttar Pradesh police officer — accused of rioting, causing hurt and breach of peace — noting that not a single prosecution witness has been examined in the last 35 years in the case registered way back in 1989 at Prayagraj.
Issuing notice to the Uttar Pradesh government and staying further proceedings, a Bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi on Monday, April 20, said, “In the facts and circumstances of this case and more particularly, having regard to the fact that almost 35 years have lapsed, we are inclined to quash the proceedings on this ground alone.”
However, the Court chose to hear the Uttar Pradesh government before passing any final order. “However, before proceeding further to pass any order, we would like to hear the State(s),” the Court said, issuing notice and posting the matter for further hearing on April 29, 2026. The Court also impleaded the State of Uttarakhand through its Principal Secretary, Home Department, as a respondent.
The Court also noted that there were five accused in the case. Two of them passed away during the course of the proceedings, while two others were acquitted as no prosecution witness was produced against them for the recording of oral evidence.
“We are informed that in all, five accused came to be charge-sheeted, including the present petitioner. Out of five, two co-accused passed away and the other two co-accused have already been acquitted on the ground that the prosecution failed to produce any of the prosecution witnesses for the purpose of recording of oral evidence,” the Court noted in its order.
The petitioner police officer has approached the Supreme Court against the February 23, 2026 order of Allahabad High Court rejecting his plea for stay and quashing of the criminal proceedings.
The petitioner, police officer Kailash Chandra Kapri, is facing trial for offences punishable under Sections 147, 323 and 504 of the Indian Penal Code and Section 120 of the Railway Act. The case was registered in 1989 with GRP Rambagh Police Station, District Allahabad, and is pending before the Court of the Additional Chief Judicial Magistrate (Railway), Prayagraj.