Crpc 256 or crpc 482 or crpc 483 ?

Jeevan (Querist) 28 October 2014 This query is : Resolved
I am applying for speedy trial and quash petition in Karnataka HC for 498a case going on from last 7 years and wife not appearing at all. Almost 3 years after charges were framed.

I was told by lawyer that quash is not applicable after charges framed.

Can you guide me the right crpc to be used for speedy trial, crpc 256 or crpc 482 or crpc 483 in this case

Thank you

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venkatesh Rao (Expert) 28 October 2014
Art.226 and 227 may come to your rescue for speedy trial. Pl. consult an advocate with full particulars.

Devajyoti Barman (Expert) 29 October 2014
We file in Calcutta HC the petition u/s 401. 482 crpc for direction of speedy trial also.

Rajendra K Goyal (Expert) 29 October 2014
Agree with expert Devajyoti Barman.

venkatesh Rao (Expert) 29 October 2014
Burman Sir,

If I am correct, scope of 482 and 401 of Cr. P. C. do not empower high court to issue direction for speedy disposal. they speak of inherent powers of the high court on criminal side and revisional powers respectively. But in exercise of power of superintendence under 226, the high court can direct the lower court for speedy disposal.

T. Kalaiselvan, Advocate Online

(Expert) 02 November 2014
An application u/s 482 can be moved before high court for instructions to lower court for a speedy trial too, the high court has inherent powers to make such orders as may be necessary to give effect to any order under the Cr.p.c. or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

Devajyoti Barman (Expert) 10 November 2014
It can be done under the sections as stated above.
We do these application on weekly basis.

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