Manzoor 11 December 2023

Awaiting for court orders

I have filed a criminial case . FIR Registered and chargesheet filed.

How ever i appealed to include section 307. I gave my statements , But the Honorable judge in the lower munsif trial court is not giving any Orders.

My lawyer says he requested the judge few times, . and he cannot do any thing since the Honorable Judge is holding the case file.

I have been waiting for the orders since last nearly 3 months now . I want the trial case to proceed.

Please give your suggestions on how to proceed further.

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Quick Summary

This discussion addresses a frustrating delay in a criminal case where the lower court judge has not issued orders for nearly three months, despite the chargesheet being filed and requests made by the lawyer. The user is seeking advice on how to expedite the process and ensure the trial proceeds. Suggestions include exploring High Court intervention via a writ of mandamus, filing for case transfer due to delayed justice, or petitioning for re-investigation under Section 173(3) Cr.P.C. to include omitted sections.

3 Replies

Dr. J C Vashista (Advocate ) 11 December 2023

Move to High Court in a writ of mandamus under article 227 of the Constitution of India for issuance of directions to the Magistrate.

Real Soul.... (LEGAL) 11 December 2023

You may file for transfer of case on the ground that the court being over busy the justice is being delayed

T. Kalaiselvan, Advocate (Advocate) 11 December 2023

If you are the defacto complainant, you can file a petition under section 173(3)Cr.p.c seeking re-investigation to add the omitted section in the charge sheet for the reasons you rely upon.

An oral request to court will not fetch you any fruitful result.

If the petition filed is rejected then you can take up a revision before high court and not before that