Chinese Chef (Integration Architect) 17 September 2014

Is section 35b (cpc) applicable to criminal proceedings?

Dear Experts,

Can I file an application U/s 35B of CPC to claim cost due to delay manufactured by opposite party in proceedings of 498a case? If not, is there any parallel provision in CrPC for avoiding delay?

Can you please enlighten me to fight the delay tactics used by the opposite party in the criminal proceedings?

Thanks!

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3 Replies

Chinese Chef (Integration Architect) 19 September 2014

Guys,

Any inputs?

Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2014

There is no provision of costs to be given to the accused for delays, however fines can be imposed on the party for wilful delays.

Regards,

Shonee Kapoor

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If you don't fight for what you want, don't cry for what you LOST.

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N.K.Assumi (Advocate) 01 October 2014

Delay justice cause mental anguish and in such case Court must resort to section 260 CrPc read with 309 CrPc as speedy trial is now a guaranteed right under article 21 of the Constitution of India read with article 14 (3) and 16 of the International Covenant on Civil and political Rights.