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Raghavendrahari.N (Self Business)     17 December 2016

How many time did the judge can keep adjourning the case

Hi, my opponent complained against me saying that I have beaten him.( IPC 326,323 ) Case filed in court and running for 2 years.Even after 2 years cross examination didn't started. Who ever complained not willing to take summons.It is mere personal vengence and they want me to attend court for years.Do we have any limitation on this



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 6 Replies

Kumar Doab (FIN)     17 December 2016

Court can proceed Ex.party and decide on merits.

Your own counsel can handle the case.

jyotirmaya behera (advocate)     18 December 2016

you can file 482 for quashing

 

Jyotirmaya Prasad Behera

Advocate, Orissa high court

9861819294

Dr J C Vashista (Advocate)     18 December 2016

Request your lawyer to submit before the Trial Court for dismissal of the complaint for non-prosecution. 

P. Venu (Advocate)     18 December 2016

From the facts stated, the case does not appear to be a complaint case. Your advocate can request for warrant to be issued for ensuring the presence of the de-fact complainant/witness. There cannot be any ex-parte trial. However, you can approach the High Court and get the matter quashed.

Sudhir Kumar, Advocate (Advocate)     18 December 2016

NOW can be issued if witness does not turn up

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 December 2016

It is not clear from your account whether hearings are held and the judge is adjourning the case to a future date or that no hearing is held at all and the clerk there tells you that the case is postponed to a future date for whatever reason. If the latter is the case does the clerk give you the reason for the postponement. What you can do will depend on the reason for the postponement. If former is the case, oppose adjourment first on the floor of the court and see what happens.


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