Alternative prayer in Criminal Revision

Soma (Querist) 10 November 2010 This query is : Resolved
Whether in a Criminal Revision petition there can be two alternative prayer, one for quashing the proceeding or other for speedy trial?
for example in a revision petition prayer is as follows;
a) To pass an order and/or direction under section 482 of Cr.P.C that the proceeding so&so be quashed.
OR
b) To pass an order/direction for a expeditious day-to-day trial with a direction to dispose off the case within one month.
Whether such alternative prayer is maintainable?

Follow Query

Report Abuse

s.subramanian (Expert) 10 November 2010
No. The second relief of speedy trial has to be granted at the discretion of the court.

Guest (Expert) 10 November 2010
you may add second prayer as
"any just and proper orders in favour of petitioner may kindly be passed in the interest of justice."
Good Luck.

bhupender sharma (Expert) 10 November 2010
It depends upon the facts and circustances of the case what alternative relief u can want to seek. U may ask for permanent exemption of the revisionist through Counsel, if require.

Devajyoti Barman (Expert) 10 November 2010
Though alternative prayer can be allowed in certain circumstances but the High Cort does not have power to direct speedy trial u0s 482 crpc.

Parveen Kr. Aggarwal (Expert) 10 November 2010
Section 482 of the Code of Criminal Procedure, 1973 reads as under:

"482. Saving of inherent power of High Court: Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice."

So any prayer can be made to the High Court under the provision to secure the ends of justice.

aman kumar (Expert) 16 November 2010
agree

Arun Kumar Bhagat (Expert) 21 November 2010
If you make alternative prayer then your main prayer shall loose its force. High Court can pass any order u/s 482 Cr.P.C including directions for speedy trial. Better you verbally make prayer after rejection of your first prayer.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries