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Joyjoyee Sen (Computer Programmer)     07 June 2010

Date after Date


My brother is facing a criminal case of S/c 306 from last four years. The complaint was made on some baseless things. It is a case of suicide of his girlfriend. When the girl committed suicide he was not present in the city. More over after the incident all the family members given statement to police that she did bad result in exam and committed suicide. But after few months they changed their statment and lodged a complaint against my brother. As they don't have any proof against my brother what they are doing taking date after date from court making the delay in judgement. Now all the 4 witnessess have been completed only cross is remaining. On this 4th June the date of cross was there but they again taken date from court. The next date is on 5th Sept. Now my question is in this way howmany dates they can take from court or howmany dates the cour can grant to them. Moreover howmany more days it can take to have the judgement. Our advocate also applied for quashing in High Court.


 5 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     07 June 2010

well there is limit for the same. you and your advocate have to take  reasonable  objections.

Devajyoti Barman (Advocate)     07 June 2010

To protest aginst the unreasonable postponement you should raise loud objection. At this stage though the quashing is not a good option but you can obtain order from the high court for expeditious trial.In which ccourt it is pending?

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 June 2010

Mr. Barman is right. Since you are deprieved at the hands of Law, you can approach the High Court under Sec 482, Cr.P.C and obtain favourable orders

Ya_Ta (Software Professional)     08 June 2010



I m Not Lawyer But i faced similar date Problem.

They are doing mentally harassment with you & ur family.

you can go as other adovocates said + you can instruct you lawyer to take long dates say if they took 5 sept date ur lawyer will inform xyz reason & take dec date or feb 2011 date like that next time ur lawyer can take again log date like sept 2011 .


Now both parties are doing harassment to each other .

u get 3 things from here

less dates means less fees to lawyer

less tension that order is going against to you.

this make other party tired too.


Dont think u get fast result from high court too ,

  my neighbour have one case in high court in last 4 years only 1 hiring is done.



SANJEEV KUMAR (STUDENT)     13 June 2010

I do not agree with Ya Ta.

By taking long date the accused/defendents will still remain under harrassment .

it is good to finish case as early as possible.

The defendents/accused should strongly protest the adjournments in the court itself. The accused should request for speedy trail in the court and also give/narrate the behaviour of prosecution in writing.

"The prosecution should be allowed to become PERSECUTION" This rule has been held in SC case.

If things still goes as earlier then file writ petition u/a 21 and u/a 226 of the consitution in the high court or SC or sec 482 in HC concerned.

In many instances i have seen it is very easy to file case and drag on and on...................untill the motive of the complainant is met.


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