HUSSAIN KHAN Vs. STATE OF MEGHALAY

JUDGEMENT

(1.) To halt or not to halt the criminal proceeding is the question involved in this revision petition.

(2.) If a fair trial is not passible on the facts situation it is the duty of the Court to stay the proceedings and pass appropriate order affording justice and arrange for a fair trial in accordance with law. If, however, the Court stays the proceedings liberally without any valid reason it may incur the reproach of Its own conscience in failing to protect the public from a serious crime. The Court has a discretion - the discretion to weigh countervelling considerations of policing and justice to ascatain as to whether there has been any abuse of the process of the Court.

(3.) The Office -in-Charge, Laitumkhrah Beat House at about 8.05 P.M. of the 1st of April 1991 received a telephonic message from the Nazarath Hospital that a dead body was brought from Knar Mallei to the hospital and the Officer-in-Charge accordingly deputed S.I.T. Lyngdoh along with 2 constables for investigation vide G.D. Entry No IX of Laitumkhrah Beat House, The said Officer on completion of the inquest forwarded the dead body to the Shillong Civil Hospital for postmortem,