Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chinese Chef (Integration Architect)     22 August 2017

How to notify trial court of recent landmark judgment?

Dear experts,

     

I've a 498a/ 406 case running in trial court since July 2013. To fight the case, I've to travel a long distance of more than 2000 KM. After admitting ourselves on regular bail, we filed several applications including CrPC 239, CrPC 205, Senior Citizens Act etc. The case has been dragging and none of these applications have been disposed off despite of a long wait of 4 years. Currently, all the applications are under consideration after arguments were completed nearly 2 years back.

       

The current judge has been intentionally dragging the case and usually, gives a date of 3 months or more. He is, otherwise, known to be a very aggressive judge. Besides that, he hasn't shown any propensity to call my parents to court. He usually accepts applications U/s 317 for any of us without any reservations.   

      

Coming to my query: - in order to make provide much needed impetus to my case, I'm planning to make the court aware of the guidelines given by the Hon'ble Supreme Court for handling of matrimonial case especially, 498a and other dowry harassment in its landmark judgment titled Rajesh Sharma & Ors. Vs State of UP & Anr. (2017 AIOL 3631). The judgment has clear guideline about giving exemption from personal appearance to out station family members.

 

As I mentioned, arguments have concluded and I can't see a way to approach the judge to accept this judgment in favor of my case. Is there any way I can file this judgment in the trial court while making judge aware of the facts in it. Is it possible for me file an application just to make court congnizant of this judgment?

 

Please help with your advise.

  

Thanks, CC

 

 

     

 

 

  

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2017

File a petition in High court for such delay. Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application, as and when filed, shall be listed before the bench concerned within two days excluding the intervening holidays.

1 Like

Arjun   23 August 2017

If you want to make the court to be aware of the said land mark judgement, file a memo with the citation. I think it ll help.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 August 2017

Please file speedy trial on HC by citing those judgement and get order.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

Please also check my profile for verious links, hope that may answer most of your questions.


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