Expeditious Disposal
Guest
(Querist) 22 November 2010
This query is : Resolved
A criminal case was pending since last 7 year. Charge sheet submitted in year 2004. since then no trial commenced. Charged not framed yet.
One accused prefered a criminal revision for expeditious disposal of the case.
The Hon;ble High Court ordered the Trial Court to dispose of the case within 3 month.
But on the date the order was communicated to the JM he fixed a date after one month for framing charge. It is evident then in the next two month the trial will not be concluded. The Ld. Magistrate is not taking any step to comply with the order of the High Court and has taken it very casualy (even he said in the court that so many such ordered are passed by the HC but it is not possible to conclude the trial within 3 month)
Now in this circumstances what shall I do?
What should be my next legal step for proper implementation of the HC's order?
Devajyoti Barman
(Expert) 22 November 2010
If the conduct of the Magstrate iis wilful then you could file contempt pettion before the High Court. But at the same time please bear in mind that the said period of 3 months are treated as a endevour to finish the trial so that it could be concluded as fast as possible.
adv. rajeev ( rajoo )
(Expert) 22 November 2010
write a complaint to the Registrar of vigilance section of the High Court and see the effect.
Guest
(Expert) 22 November 2010
I agree with experts, but want to add that you can file contempt petition if trial not concluded within 3 months , so wait for 3 months.
Guest
(Querist) 22 November 2010
Dear Devajyoti;
can you please kindly explain what did you mean by the following
"please bear in mind that the said period of 3 months are treated as a endevour to finish the trial so that it could be concluded as fast as possible."
thanks in advance
Legal Fighter
(Expert) 23 November 2010
i think u shouldn't file complaint against the judge as the judge may be prejudiced against you and may result in your conviction. In india, there is no law, only discretion. After adverse order, u have to approach higher courts which indeed again use their discretion. so i suggest you to request the court itself for speedy trial.
Raj Kumar Makkad
(Expert) 23 November 2010
trial court shall have to follow the verdict of Hon'ble HC in its letter and spirit and so there is no scope for it to divulge. You may approach to HC against such judge, if he fails to comply with the direction.
Daksh
(Expert) 23 November 2010
yes
Uma parameswaran
(Expert) 23 November 2010
I am thinking You can file a petition in the earlier petition ( speedy disposal of the case)
Sri Vijayan.A
(Expert) 24 November 2010
As Mr.Makkad said, the trial court has to comply with the direction.
At the same time, one ahs to think why such much delay occured.
In this view, I feel Mr.Barman is right. u have to wait bcoz 3 months period is too small.
In these two contrary views, it is better to follow the suggestion of Legal Fighter, which may be feasible
