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Mahadev Narayan Dadar   01 September 2016

498a

under which section can be put application for speedy trial in 498a



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 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 September 2016

Ground of Speedy Trial to dispose of 498A and Matrimonial Suits within 6 months. -


a) Personal liberty cannot be deprived as per Article 21 of Indian Constitution for slithering trial.


b) Read sec. 21-B of Hindu Marriage Act and 40-B of Special Marriage Act, under these trial courts has special power to dispose of any matrimony related trials within 6 months since 498A is considered as a matrimony related trial.


c) Under 483 CrPC High Court has special superintendent power over all subordinate trial courts to dispose a trial expediently.

 

These sections should be mentioned in the subject of the matter while making petitions in High Courts.

Sample petitions can be found below. 

https://www.facebook.com/RockySmith4Calcutta/

1 Like

Sidharth   01 September 2016

483 crpc and article 227 of constituion of india can be used for filing petition of speedy trial in HC

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 September 2016

Originally posted by : Sidharth
483 crpc and article 227 of constituion of india can be used for filing petition of speedy trial in HC

Agreeing with Sidharth,

Please also mention other determinations like Article 21 and HMA/SMA(if you are Hindu) specific sections to get more accurate order of timeframe. 

https://www.facebook.com/RockySmith4Calcutta/

1 Like

Mahadev Narayan Dadar   20 October 2016

shall i put application for speedy trail at jmfc where case is running instead of hc?

Sachin (N.A)     23 October 2016

Originally posted by : Mahadev Narayan Dadar
shall i put application for speedy trail at jmfc where case is running instead of hc?

You can request the court to give short date but  courts are overburdened so obviously there is no use for such request.

you need to apprach HC for the order of speedy trial as advised above

Sachin (N.A)     23 October 2016

I have read many replies of Rocky Smith and i agree with him that if an person appear as party in person in HC with the prayer of speedy trial, chances of getting such order is bright.


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