Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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johan   21 December 2017

Complainant delaying trial

A year back a woman filed a FIR u/s 354,504,506 IPC against me in vendetta for filing an FIR against her for child abuse. Police filed C/S for 504, 506 IPC. Charges framed for the same. Since one year complainant is not leading evidence. She comes once every 4 dates and asks magistrate to give her more time. Till now 3 adjornments have been granted because she simply asks more time without giving any reasons. I want a speedy trial. What options do I have to prevent the magistrate from giving her adjournments as she pleases and proceed weth the trial. Are there any relevant judgements?


Learning

 1 Replies


(Guest)

you may cite case of Hussain vs. Union of India & Ors. (Cr. App. 509/2017) or Aasu vs. St. of Rajasthan & Ors. ( Cr. App. 511/2017). In both these cases it was held by the Supreme Court that:

1. Speedy trial is a fundamental right u/Art. 21 of Constitution of India.

2.The High Courts may issue directions to subordinate courts that -

3.  Bail applications be disposed of normally within one week;

4. Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years;

5.  Efforts be made to dispose of all cases which are five years old by the end of the year

6. All bail applications must be decided by HC within 30 days.

7. All criminal appeals pending over 5 years & where accused is in custody must be decided expeditously.

8. Where an undertrial has completed period of custody in excess of the sentence likely to be awarded, if conviction is recorded, undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time

If there are any further queries you may have regarding your case, you may contact via e-mail on: basu_kunal@hotmail.com. I will be more than happy to help you out with legal procedures.

Regards

Advocate Kaybee


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