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Application for early hearing

(Querist) 24 April 2009 This query is : Resolved 
Respected All
I filed a pvt crl complaint against Supdt. of police in the court of chief judicial magistrate & today case was fixed for arguments,arguments were advanced by me & now case is fixed for 20-7-09 for consideration on summoning, Magistrate is biased & he knowingly case adjourned for a long date,I want to file a Application for early hearing,what should be grounds & what is remedy available to me in this regard.Thanks
sanjeev murthy desai (Expert) 25 April 2009
Dear Vinod Bansal

File a advancement application and stating that what you have actual and true facts of your urgency that is enough.

sanjeev desai
adv. rajeev ( rajoo ) (Expert) 25 April 2009
file an advancement application stating the urgency of the matter.
Guest (Expert) 25 April 2009
While moving advance application, note that there may be one month summer vacation for the courts and hence the next date might have fallen in July. Observe in other cases, how the dates are falling before putting imputation against the magistrate.
Y V Vishweshwar Rao (Expert) 26 April 2009
I agree with Mr Prabhaker , Mr Vadrali & Mr Desai !

The case is taken up for consideration , summoning - on this point arguments were heard -Advancement of date of hearing from 20-7-2009 to earlier date ! There is Summer vacation. Mr Prabhaker view is correct

Yash (Expert) 26 April 2009
Yes. All are right. In fact, it is even advisable to get the case transferred to some other court with direction to expedite. Generally, higher courts would always like to issue such directions !!
MANISH (Expert) 26 April 2009
Dear friend,
in your case, apart from a criminal case, you may file a writ petition before the high court of your state.
As far as date is concerned, if in that case, the next date is of july, then it seems that it is not challengeable, becasue in most of the courts, the no. of pending cases are so much that there is approximately after 3 months, and also June is declared a holiday month.

Further, if you wish to do something, then the best advise is to go to high court of your state and file a petition Under Section 482 of the Code of Criminal Procedure.


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