Counter nill from app then court gave adjournment

engineer

Dear Learned Lawyers,

 

In a crimnal case the accused filed 5 different petitions, U/s 91, 311, 243(2) of CrPC, and court gave time for the prosecution to file counters in all 5 petitions.... prosecution took 3 hearings and not filed counter.....

 

Then court gave last chance and during that last chance of hearing also prosecution not filed counter....then court written on docket that Counter NILL. Then court gave adjournment, although accused asked to pass orders considering that Counter not filed ....

 

Questions:

 

  1. Does the adjournment is required?
  2. Why court nto proceeded for orders stage. 
  3. Is there any requirement to give adjournment even after finding that Counter is NILL.
 
Reply   
 
Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

Mere non filing of counter alone is not a ground to allow the petitions. The Court has to pass orders after applying its mind within reasonable time.

 
Reply   
 


engineer

Thank you Sir. Now Court written that Counter is NILL... after this also can the prosecution file the counter ....will court permit... does law permit for this? I think may be thinking to understand and then sent order to the concern people in case of petition U/s 91 of CrPC.

 
Reply   
 
Advocate

The prosecution has still chance to file their counters as the orders have not been passed so far.

 
Reply   
 
engineer

If they do so lately... I can seek for compensation, right?
 
Reply   
 
engineer

If they do so lately... I can seek for compensation for the dealy caused by the prosecution, right?

 
Reply   
 

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