sandeep 10 September 2016

Accident case

I am facing trial under 304a for accident case (Fatal case). As there is no merit in case opponnt party not appearing in court from begining of the case as witness. Police also not producing the witness in court. Till now 9 times I have appeared in court and every time "issue summon" is mentioned. As i am not knowing local language finding difficult to get case fastly moving forward. Is there any kind of application can be made to Judge to dismiss the case as no witness is produced till date. Can judge dismiss the charges with prejudice.

Reply Follow

3 Replies

Sudhir Kumar, Advocate (Advocate) 10 September 2016

Move speedy trial application to High Court

kalyan singh Ex public Prosecu (advocate) 17 September 2016

agree with mr Sudhir Kumar.Morever you can can reques the trial court for speedy trial. speedy trial is the right of the accused that comes under the interpretation of artice 21 of the constitution.

sandeep 17 September 2016

Thanks all respected sir. In fact opponent is not interested in the case. It is running because police need to file as procedure. 10 hearing over and once asked for speedy trial. Is any possibility to request for dismiss the case on grounds of no response or witness produced in 10 hearing. Or any other reason on which such dismiss of case can be asked permanently.