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Hursha (Director)     25 August 2011

Adjournment in criminal case

Hello,

My friend is an accused in murder case. Framing of charges was completed over an year ago. When the Sessions Judge was to fix the schedule, the Public Prosecutor requested dates only for LW1 and once the chief examination and the cross examination of LW1 was completed, the judge should fix the schedule for other witnesses. The judge was surprised but accomdated this request. This was about six months ago. From then, neither LW1, nor the Public Proesuctor nor the Investigating Ageny appear in the court.

In the last hearing, the judge insisted that some Public Prosecutor be present and a Junior Public Proesecutor who appeared to be recently appointed presented himself before the bench. The judge posted the next date of hearing after three weeks and categorically told the junior PP that his senior should be present on the next date. Then he also told that summons be issued to Lw1.

On the next hearing date, the judge was on leave, and the bench clerk randomly adjourned the next date by over a month. Up on enquiry, it came to light that summons also was not issued to Lw1. The bench clerk says that if the public prosecutor is not interested why should he waste his time issuing summons !!

Can my friend directly write an application to the court to give him a shorter date and save a month for the next hearing ? If the bench clerk gives a certain date when the judge is absent, can the accused go to the judge on another day and request him to prepone it ?



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 August 2011

No, he cannot do it.  He can request the early disposal on the next adjournment.


(Guest)

if thesummons served and  witness is bind over, the accused can insist by filing advance hearing petition.  otherwise ask the court to press the matter for speedy disposal.

Saurabh..V (Law Consultant)     26 August 2011

@Author

 

An application can be moved praying early hearing of your case showing urgency (which should be accepted by the judge too).

 

For expediting the case, you should file seperate application before the court and if the court does not take necessary and prompt steps, then you should move High Court for the same.

 

It's not the hearings but useless adjournments which drags a legal case in India.

 

//peace

/Saurabh..V

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     26 August 2011

Originally posted by :Saurabh..V
"
and if the court does not take necessary and prompt steps, then you should move High Court for the same.

 
 

I feel this thread needs value addition.

 

So, in above context, it would be nice if clarrification is given on: How, what clause/format to be used, what procedure?


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