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Mani123456 (Engineer)     04 February 2014

Actions if high court order not followed by trial court?


  6 months back high court did not admit my quashing of 498a. But an speedy justice order was given and the trial court was asked to dispose the matter by 6 months. The six months are getting over in next week. In last 6 months trial court judge was very careless in dealing with the case. He never showed any  intentions to dispose the case.Now recently he has been promoted and transferred. The new judge has not been coming since last 15 days. The trial court do not have any judge for last 15 days. And my wife's cross examination is not finished yet.

   Now, my question is what action I should take to get speedy justice. I am innocent and trial court had been too reckless to finish off the case and each day I feel frustrated.  When must I approach the high court again to quash the 498a case against me. My wife comes to the court according to her wish, she comes once in 3 to 4 dates. Other witnesses have been missing despite Police sent them summon and many NBWs have been issued against them. They never bothered to appear.

   If the trial court new judge does not come in next few days what action I can take? where can I complaint about this? 

My life is completely getting ruined due to crawling reckless judiciary where not even high court order is being followed seriously?

  How much more time I must wait before going to high court again? Kindly advise me.






 2 Replies

SANJAY GUPTA (Advocate)     18 April 2014

You can move High Court again for not complying the order by submitting certified copy of all the orders and get a fresh specific direction, but you wont get any relief in quashing of case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 April 2014

Technically the court is under contempt.


However, it would be better to point the said order to the new trial judge and if no forward movement is there, go to HC again for directions.



Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
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