MASTHAN (Self employeed) 15 June 2011

Can we file a petition for long adjournment?

In the lower court we have a mad judge. We have stay order in the HC till JUN-28 (HC given this stay on MARCH last weeek ,. Irrespective of the stay order, this mad judge is giving one trail date per month and asking to appear in the court. And today we have 498A trail date and today first he has the given next date as JUN-28, when we said we have stay order till JUN-28, then he has given JUN-29 as next date.

When I take the same thing to my HC advocate notice, she is telling that ask you lower court advocate to file a petition for seeking long adjournment (instead of asking orallly or through MEMO) , And let him respond this, if he dont give the long adjournment date then we will fight for the same in the HC.

In the lower court no advocate is ready to argue or fighting with the judge as he dont listen any one and he is always against every one.

So , I am thinking to file a petition on my self. Could you please let me know how to file this CRLMP (Criminla Misc Petition),

Please provide me your suggestion on this.

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3 Replies

Kiran Kumar (Lawyer) 15 June 2011

stay in proceedings does not necessarily means that your personal appearance has been exempted, while fighting case one need not to get agitated.

it will be rather better for you to keep the judge cool, dont file any ridiculous application, there will not be longer adjournments in criminal matter.

moreover the courts are not governed by whims, calling a judge to be mad wont serve your purpose, better know the procedure.

MASTHAN (Self employeed) 15 June 2011

Hi Kiran,

Just imagine once, last week of MARCH 2011, HC extended stay order till JUNE last weeks.

In the APRIL 2011, we submitted stay order, he given next date as MAY 2011 (when there is stay what is need to ask all the accused to come again),

In MAY 2011, we again submitted a MEMO stating that stay order is avail tll last week of JUNE 2011, he given MID OF JUN 2011 as next date.

Today we again told him that stay order is there till JUN 28, then he simply given next date as JUN 29. What is this? Is this the right procedure ?

When there is stay on all proceedings , then what is the point to call evey one for once in 15/20 days?

Please let me know in IPC if there any section , which tells that all 498A accused needs to attend before judge for every 20/30 days even though HC stay avail for 3 months?

ramprasad reddy. pottipati (Lawyer) 24 June 2011

It is the descretion of the court. Generally if stay is there the courts posts the adjournments to longer dates. We can find this type of judges any where. It is better to file an miscellaneous application to dispense the appearance of the accused before the Hon'ble High court.