INORDINATE DELAY WITHOUT ASSIGNING PROPER REASONS BY CBI
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
sir,
We have been arrested under pc act in feb 2009. CBI filed its charges sheet on 6.oct 2010 i.e. after a gap of 21 months. There are four accused in this case and the CBI is still to give a copy of charge sheet to one of the accused i.e. till may 2011 they have not given it. CBI also failed to supply the voice recordings CD or Cassette till date. Trial court ordered since nov 2010 to hand over a copy of recordings, but on every hearings the cbi gives some vague reasons or the other. Now finally when the court issued notice to SP they have a come with a new idea by saying that the office is shifting qand on the next date they will comply. On the next date they have given anaother reasons that the copy of recordings became corrupted and now fresh orders are required to get it copied from CFSL. When the supreme court itself has held that all pc matters to be taken up on priaority basis even after a lapse of 2 and half years no tria has begun. Now deficient copy to be supplied and framing of charges to be heard and then trial begins. One of the accused is falsely implicated , he wants to hear expediutiously is there any way out. is there any apex court decisisiuon which says inordinate delay without assigning valid reasons the case is liable to be quashed. cbi copurt is also not entertaining dischare application. the court says when it comes for framing charge then argumensts can be made . is there any remedy or is it an eye wash
Raj Kumar Makkad
(Expert) 15 May 2011
There is no remedy in the given matter except that permission for exemption of appearance be sought from trial CBI Court till copy of challan is submitted. When whole material finally under section 173 Cr. PC is putforth by CBI before court then accused can be summoned to join subsequent proceeding of case including leading argument on discharge.
Guest
(Expert) 16 May 2011
Dear Anonymous,
In such case, why to adopt defence strategy only. Request your advocate to adopt offensive strategy against the prosecutors by praying the court to dismiss the case when the CBI does not have any evidence with it, as that has not been able to put forth for the last more than 6 months, even on order by the court?
When the CBI would come to know that the case may get discharged, they would definitely produce and provide the copies of necessary documents and CD, if available with them by the next date of hearing.
PS DHINGRA
CEO
Dhingra Group of management & Vigilance Consultants
New Delhi
[dcgroup1962@gmail.com]
M/s. Y-not legal services
(Expert) 15 May 2011
