Speedy trial high court

If the applicant justifies his grounds seeking direction for speedy trial and the same is found to the satisfaction of the competent court, the application may allowed and instructions will be passed by an order accordingly.

Thank you Sir. 

Is there a rule, that only after certain number of years if court is unsolved in the court, then only the case is eligible for speedy trial or can Speedy trial be pled right after chargesheet is filed.

There is no hard and fast rule as to how much delay can entitle you to seek speedy trial. It all depends upon the facts and circumstances of the case and the need and justification for urgency and also as to who is responsible for the delay. Recently, even a delay of 37 years in trial relating to killing of former Railway Minister L.N. Sinha was considered to be unfit for quashing on the ground of delayed trial.

 

Secondly, making an application is your right. You can make it anytime provided it contains some justifiable reasons. However, whether to accept or reject the application is the prerogative of the court.

 

Only way to get rid of the case before the charge sheet is to get the FIR / investigation quashed, though it is not easy to get it done.

@Ashok Sir: Thanks for the reply.

The reasons i can think of in my friends case is 

-> He might wanna get married, if case is still on, it might not let him settle in his life.

-> He wanna go for higher studies some where else, for which case is a big hinderance. 

-> He wants to move on with his future, and his job involves traveling to other countries. 

-> On top of this, extending cases will have negative impact on complainant as well since that person is also of same age and would want to get married. 

The reasons might sound silly, but, i guess these are the reasons. 

Yes, quashing a FIR is very very difficult, because Honourable judge might not be able to conclude only based on FIR in most of the cases, since many people fake lot of things in FIR. 

if we apply speed trial petition in high court, how long it will take to issue an order. when the petition for speedy trial is in progress, wil the current 498a proceedings be completed stopped? kindly let me know your advices.

@Ravi : I guess not. I heard two or three petitions or two or three cases run in parallel. 

So... You might have to specifically ask for stay in the speedy trial petition if you want stay on other proceedings. 

@Experts: Plz correct me if i m wrong.