Charudutt (Assistant ) 31 March 2022

CASE NOT PROCEEDED BY JUDGE IN A PRIVATE COMPLAINT INSPITE OF REPEATED REQUESTS

I have filed private complaint in JMFC Court about false claim case regarding rent arrears .The case is filed exactly one year back in 2021 ,and repeatedly I am appearing in person along with my counsel in the court , inspite of repeated requests ,the judge isn't making any move about the case ,instead its recorded as I am praying for time ..and hence the case id kept as called on next date of hearing .What do I do ?? Which higher authority should I approach in this matter ? Kindly advice.

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4 Replies

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984) 02 April 2022

Take the direction to time bound it from the Superior Court.

For more detailed discussion , kindly call at 9717985984 , advocatevg20@gmail.com--Advocate Vishal Garg

Palak batra 02 April 2022

Dear Querist,

While the Code of Civil Procedure, 1908, applicable to civil courts, states that judgements should be delivered within 30 days of arguments being closed, no such time restriction is found within the context of Section 353 of the Code of Criminal Procedure, 1974, which prescribes the way during which a judgement is to be delivered during a criminal case.

No provisions exist for the time to be taken in delivering judgements by the high courts and therefore the Supreme Court.

the Supreme Court has held in Anil Rai vs State of Bihar case that parties can file an application within the supreme court seeking an early judgement if it’s not delivered within three months of it being reserved. If it’s not delivered quite six months after being reserved, parties have a right to possess it re-heard before a special bench of the supreme court .

regards,

palak

Shweta 02 April 2022

Hey Palak

Could you please elaborate?

Thanks!!

Palak batra 02 April 2022

Dear Querist,

the Code of Civil Procedure, 1908 which is applicable to civil courts, provides that it is necessary that judgements should be delivered within 30 days of arguments being closed, there is no such time restriction in the context of Section 353 of the Code of Criminal Procedure, 1974, which talks about the manner in which a judgement is to be delivered in a criminal case.

There are no such provisions that talk about the timeframe or time taken by the high courts and the Supreme Court to deliver a judgement.

It was held by the supreme court in Anil Rai vs State of Bihar case that concerned parties may file an application in the respective high court seeking an early judgement if it’s not delivered within the time frame of three months of it being reserved. If it’s not delivered more than six months after being reserved, then the parties have got a right to have it re-heard before a different bench of the high court.

Regards,

Palak