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sankar P (supervisor)     03 February 2016

Claiming compensation for delay in criminal cases ?

Dear LCI Experts,

In My Criminal case I filed Discharge Petition Under Cr.P.C sec 239. Public Prosecutor yet to counter reply.

But She is delaying. whether any  Provision (section )to File a Petition for claiming compensation that travel expenses from my side , because prosecution was unnecessary delaying,

 

Thanks and Regards,



Learning

 5 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 February 2016

You can’t claim litigation expenses on criminal case.

After winning you can suit against the STATE for the cost of damage.

Please file speedy trial first and then perjury else your case may be draged to your funeral service.

Petition of discharge may not help.

Please see my profile links for sample petitions and FAQs.   

sankar P (supervisor)     03 February 2016

Thanks for the Valuable suggestion and Precious Time @ Shri. Rocky sir,

I Already got and filed the High court order that " the trial court has to conduct the case day to day basis and it should not adjourned the case more than three working days at any point of time"

And Also I filed the discharge Petition , even though PP is Draging the case,

As Per your advice- My next step is, I will wait for the opportunity to file the Perjury.

 

Thanks and regards

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 February 2016

Great! yes

 

If the PP is not complying the order of honorable HC then file Contempt of the Court against the STATE in HC. 

Please keep pressure on the STATE to dispose of your matter.  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 February 2016

One question to you.

Is any specific time period has been specified to dispose of the matter for your speedy trial order by the HC ? 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     04 February 2016

Once you are discharged, you may bring a suit for damages upon the person at whose behest the FIR ws registered.

 


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