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Issues involved: Clarification and modification of judgment regarding pendency of criminal cases, interpretation of phrases 'pendency of trials' and 'non-commencement of trial,' addition of offenses exempted from previous directions.
I. Clarification of time limit for pendency of criminal cases: The Supreme Court clarified that the time limit for pendency of criminal cases does not apply if the delay is due to dilatory tactics of the accused or actions prolonging the trial by the accused. Accused cannot seek discharge or acquittal if the delay is caused by their own actions or seeking stay from higher courts. II. Interpretation of phrases 'pendency of trials' and 'non-commencement of trial': - Trials before Sessions Court commence when charges are framed under Section 228 of the CrPC, 1973. - In warrant cases by magistrates instituted upon police reports, trials commence when charges are framed under Section 240 of the CrPC, 1973. For cases instituted otherwise, trials commence when charges are framed under Section 246. - In summons cases by magistrates, trials commence when accused are asked under Section 251 to plead guilty or present a defense. III. Addition of offenses exempted from previous directions: The Court added offenses including matrimonial offenses, offenses under the Negotiable Instruments Act, criminal misappropriation, criminal breach of trust, rash and negligent acts, and offenses affecting public health, safety, convenience, decency, and morals to the list of offenses exempted from previous directions. Accused discharged or acquitted for these offenses must be proceeded against as per the new order. IV. Dissemination of clarificatory order: The Court directed the communication of the clarificatory order to all High Courts, Chief Secretaries of States, and administrative Heads of Union Territories. High Courts were instructed to send Compliance Reports within three months to ensure implementation of the clarificatory order. Separate Judgment: Legal Applications (LAs) 3-6 of 1996 were disposed of in light of the clarificatory order issued by the Supreme Court.
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