I have seen people have lot of questions/confusion on Speedy Trial, Perjury and Quashing. Let me try to enlighten it.
“History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.” . . . Martin Luther King, Jr.
Corruption in India is not because of bad people are more, because of right people do not take right action at right time.
According to data available with the apex court, the number of pending cases with the Supreme Court is 64,919 as on December 1, 2014.
The data available for the 24 High Courts and lower courts up to the year ending 2013 showed pendency of 44.5 lakhs and whopping 2.6 crores, respectively.
Of the over 44 lakh cases pending in the 24 high courts of the country, 34,32,493 were civil and 10,23,739 criminal.
The maximum pendency of civil and criminal cases together was in Allahabad High Court with 10,43,398 cases while the minimum was in Sikkim with 120 cases pending at the end of 2013. The Delhi High Court had a total of 64,652 cases pending before it.
More than 32 million pending cases in high courts and subordinate courts across the country.
From aforesaid data we can easily realize that Indian Judiciary System which is driven by corrupted Advocates and Judges never wishes to arrive at the truth, punish the guilty and protect the innocents. These Advocates and Judges have created a wrongful extortion racket to harass innocents and squeeze their money.
Justice delayed means Justice Denied
- Criminals always try to delay court process to avoid conviction.
- Those who have registered false cases for malicious intention also try to delay court process to prolongate harassment.
- From the aforesaid data we can realize that Indian Judiciary System which is driven by corrupted Advocates and Judges supports both a & b.
It is our duty to stop.
It is said that – “The best defense is a good offense”.
Perjury and Speedy Trial is the ultimate weapon.
There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of Section 32 of Advocate Act.
- Never file Quashing unless you have Anticipatory Bail or Regular Bail.
- I never advised quashing alone. Quashing is not easy. I always advise quashing with speedy trial, that is, there should be a 2nd prayer in the same quashing petition for speedy trial to dispose of the matter within certain period (For 498A and others it should be 6 months; Please refer Sec. 21-B of Hindu Marriage Act / 40-B Of Special Marriage Act whichever is applicable) as facing lengthy trial deprives personal liberty as per Article 21 of Indian Constitution.
FAQ - on Perjury & Speedy Trial
- Why I advise Quashing with Speedy Trial? Not only Speedy Trial?
Ans: - Usually 498A cases or any false cases the false and concocted statements are recorded in FIRs and Charge Sheets. In Quashing and Speedy Trial process, your submissions will be recorded in the High Court order which will be act as very good evidence during the trial.
Can perjury and defamation be filed in parallel as a courter case?
Ans: - Yes. Perjury should be filed U/S 340 CrPC read with 195 CrPC.
Defamation should be filed U/S 499 IPC read with 500 IPC.
When can I file Perjury?
Ans: - Perjury can be filed at any stage of a criminal or civil proceeding. It is advisable that perjury and WS (Written Statements) should be filed together for any civil (like divorce, RCR, Child custody, DVA-quasi-civil, 125 CrPC-quasi-criminal) and/or criminal proceedings (like 498A (WS not required)).
Where can I file Perjury?
Ans: - Perjury should be filed in the same courts where civil / criminal cases is going on respectively. That is for 498A, DVA, 125 CrPC, Divorce, RCR, . . . . . , etc. distinct Perjury petitions should be filed in the same courts respectively.
How many times can I file Perjury?
Ans: - This depends how many times your opponent have filed false petitions. If the number of false petitions are "n" then you can file n-number of time in the same courts respectively.
Why all Advocates reluctant to file Perjury and Defamation?
Ans: - Because Indian Judiciary System which is driven by corrupted Advocates and Judges never wishes to arrive at the truth, punish the guilty and protect the innocents.
Can I file Perjury and Defamation Party-in-persion?
Ans: - Yes.
Can my relatives/friends file my cases party-in-persion?
Ans: - Yes, by securing power of attorney as power of council as per sec 32 of Advocate Act.
If Judges willfully delay my Perjury Petition(s), what to do?
- First pray to that judge to write in the order-sheet the reason why he/she does not wish to register the case. Refer the citations in my links in favor of your argument. (By giving a put-up (Sec. 151 of Code of Civil Procedure (CPC)).))
- Complaint against that judge to the chief District judge in written petition and pray to transfer the matter to a first track court for expedient trial. (Sec. 24 of Code of Civil Procedure (CPC)).
- You can approach to HC and file Criminal Writ (if a & b fails) as I have suggested in my links.
Please read each of my posts carefully in the following links for sample petitions and other necessary clues.