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Sridhevi (education)     12 August 2024

Judge not present

I filed criminal case in 2019 but trail not started

judge is not present in hanumakonda trail court since 2021 and recently judge came in jan 2024 but she is on long leave with reason that she had blood cancer.

can we get direction from high court to transfer case to Senior Civil Judge cum or Addl Assistant Sessions Judge



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

Is it a private criminal complaint, if so you can file a petition before the district court seeking to transfer the case to an appropriate court for conducting an early trial owing to pending for a long time.

If it is a police prosecuted case then only the APP can take suitable action for expediting the trial proceedings.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 August 2024

To seek immediate justice for a private criminal case pending for a long time, consider the following steps: 1. *File a writ petition*: Approach the High Court or Supreme Court for a writ of mandamus to direct the lower court to expedite the hearing. 2. *Apply for speedy trial*: Request the court to fast-track the proceedings under the Right to Fair and Speedy Trial provisions. 3. *Move an application*: File an application in the court where the case is pending, highlighting the delay and seeking an early hearing date. 4. *Seek intervention*: Approach the Sessions Judge or the District Judge to intervene and expedite the case. 5. *File a complaint*: Lodge a complaint with the Chief Justice or the Administrative Judge of the High Court, highlighting the delay and seeking immediate action. 6. *Engage a lawyer*: Consult with a experienced criminal lawyer to guide you through the process and ensure your rights are protected. 7. *Follow up regularly*: Regularly follow up with the court, prosecution, and investigation agencies to ensure the case is progressing. Additionally, you can also: - *Approach the Legal Services Authority* for free legal aid and assistance. - *File an RTI application* to obtain information about the case status and any delays. - *Seek media attention* to highlight the delay and pressure the authorities to act. Remember to stay persistent, patient, and informed throughout the process.


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