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S. Kasimayan (officer)     17 February 2012

What is the remedy when trial courts keeps on adjounring

dear members please provide the procedure when the trial court keeps on adjourning the matter without recording any reason. Should the accussed continue to suffer even in false cases? Why despite the sytem of accussed is innocent till proved, the accussed are treated like slaves? if court violates the fundemental rights what is the remedy? In criminal case can a court adjourn at a time for 2 months that too without reason. Can court adjourn without recording on the ground that year ending therefore we are busy with disposal of case, we will not take up other application even after the pleading is complete. 



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 10 Replies

Nazeer Ahmed (Managing Director)     17 February 2012

It is an added advantage for the accused though he suffers initially but later on he can be set free due to long haul of court hearings without any reason which can be argued during the end of the session of the trial.

S. Kasimayan (officer)     17 February 2012

This is the core of the problem in todays judicial system. we do not look at the issue from the point of view of rule of law. we always see go gets benefit and in the process the criminals get benefits and the innocents are always victim of the this hearless and mindless system and above all the the rule of law is completlly overturned and only poor section who are trying to be law abidding citizens are crusified in the altar of money making courts.

Anil Agrawal (Retired)     18 February 2012

 

Order of the Magistrate upheld by Sessions Court says:

Accused is convicted u/s 255(20 of Cr.P.C. for the offence punishable u/s 138 of N.I. Act and he is sentenced to pay a fine of Rs.7.11 lacs and in default to pay the fine amount, shall undergo simple imprisonment for 1 year. Out of the amount so realised as fine, Rs.6.86 lakhs shall be paid to he complainant as compensation and Rs.25000 is to be paid to the State government for appropriation.

Will such a person be called a convicted person and carry the stigma?

Anil Agrawal (Retired)     18 February 2012

Suffer. A person comes from Bangalore on two different dates to attend Bombay court. Magistrate is on leave. Suffer.

S. Kasimayan (officer)     19 February 2012

That is the fact but what is the remedy. suffer. no we sould do something to change the system. 

Anil Agrawal (Retired)     19 February 2012

Ministers are berating the election commission and you are talking of changing the systemj! Corruption has no boundary.

a.b.natraj (inicitar)     06 May 2012

You can move a petition before concern High court Under Section 482 criminal procedure code for speedy deposal of the criminal case. Because speedy disposal is a fundamental right of a person. Court should direct the concern lower court to dispose that case within stipulate time depending upon the facts of the case. It may be maximum four months.

Mohandas (General Manager)     16 May 2012

Dear Sirs, can moving HC be an option. Just see my case. I filed a private complaint on 29 Feb 2012 praying for a 156(3) enquiry. Magistrate orally said he is not granting; instead going for 200,202 enquiry and adjourned to 28 March, then to 28 April, then to 5 May and then to 27 August - No sworn statement is taken as required by sec 200. Frustrated, I thought of approaching HC. But my friend advocate tells me not to waste money because a delay from Feb to August is not big thing for HC. HC may consider delays beyond 5 years or so. Therefore I have to SUFFER for minimum 5 years to get my sworn statement recorded!

As far as the suggestion that 'speedy disposal is fundamental right' - is there any judgment of HC or SC? Pls help... Mohandas

a.b.natraj (inicitar)     16 May 2012

Speedy disposal is fundamental right. You may try https://www.indiankanoon.org/ . Indian courts judgments.

Anil Agrawal (Retired)     16 May 2012

There are so many fundamental rights. Read this.


Complaint filed on 14/12/1998. Accused summoned to appear on 14/1/2000. 
What is today? 16/5/2012. Not a single hearing held. What fundamental right are you talking about. Now you will say : Go to High Court. Yes go to High Court then to Supreme Court and then die.


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