Trial court not following directions
HARI GAUTHAM
(Querist) 08 August 2016
This query is : Resolved
Dear Ld Members,
FACTS:
A QUASH petition for 498a case was filed in July 2011.
Further, Andhra Pradesh High Court gave directions in October 2015 to dispose the case with in 6 months.
Now this is 10th month is running and still the Judge is posting long dates (twice in a month)
We have been waiting & finally insisted our LAWYER to ask regarding this,
he replied that, "how can i, when the jUDGE is doing so"
Now it is still in stage of PW2/LW2 (deposition EVIDENCE)
QUESTION (is what to do)
1)Can we file MEMO regarding this
2)Can we tell orally
Please ...
Thanks
Ms.Usha Kapoor
(Expert) 09 August 2016
If the trial court is not following directions of the High Court in expediting the case you can file a contempt petition under Sections 14 AND 15 OF contempt OF court ACT AGAINST THE TRIAL court. ALSO YOU CAN FILE A WRIT UNDER ARTICLE 226 SUCH AS Mandamus or certiorari to QUASH SECTION 498 A AS THE PROSECUTION IS UNDULY AND VOLUNTARILY DELAYING THE CASE TO BE HEARD SPEEDILY And disposed off.
Rajendra K Goyal
(Expert) 09 August 2016
There may be certain procedural / circumstantial problems, you can prey the court through your lawyer to expedite the case.
Ms.Usha Kapoor
(Expert) 09 August 2016
The above reply is correct.2nd reply I've erased as it is in no way connected with the query here.