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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     02 January 2022

Request for expeditioustrial by victim/defacto complainant

victim/ Defacto complainant has filed a cheating case against accused and now the stage of the case is 251 examination.
How to request the magistrate for speedy trial as the health of the accused is not good. Is there any provision in the sessions court to seek speedy trial apart from 482 CrPC in the High Court.


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     03 January 2022

No advocate in High Court generally takes up such cases, as the Judges are reluctant to entertain such cases and pass comments against Advocate.  There is nothing illegal in making such prayers and the complainant is free to represent he deems fit, informing such urgency.

Rahul Mehalwal   03 January 2022

When was the matter filed? If you are not in jail no one would grant such a prayer unless the delay is substantial and you have been incarcerated for a substantial portion of the sentence if found to be guilty. If there is substantial delay you could invoke Article 21 in support of your prayer for speedy disposal.

Anaita Vas   14 January 2022

The right to a speedy trial is a fundamental right inherent under Article 21 of the constitution which provides for the right to life and personal liberties. Our Constitution provides that whenever there is a violation of fundamental rights, a person can move to the Supreme Court under Article 32 and to the High Court under Article 226 of the Constitution.  

In P. Ramachandra Rao v. State of Karnataka, the court laid down certain guidelines and held that the powers conferred under Sections 309, 311 and 258 of the Code of Criminal Procedure shall be exercised by the criminal courts to effectuate the Right to Speedy Trial. To seek appropriate relief and directions, the jurisdiction of the High Court under Section 482 of Cr. P.C. and Articles 226 and 227 of the Constitution can be invoked.

So, if we see from the top to the bottom of the article, we can see that from time to time the right to a speedy trial was emphasised as being a fundamental right under Article 21 to reconcile justice and fairness with many other interests which are compelling and paramount. 

The Supreme Court has emphasized the above propositions again and again in its judgements. In Kartar Singh v. State of Punjab, the Supreme Court held that the concept of speedy trial is an essential part of Article 21 of our Constitution. This right to speedy trial begins with the arrest of the accused and consequent incarceration and continues at all the stages of investigation, enquiry, trial, appeal and revision so that prejudice caused by the impermissible and avoidable delay can be averted.   

 

Regards,

Anaita Vas

G.L.N. Prasad (Retired employee.)     14 January 2022

The parody is that everyone knows who violates all such constitutional rights the most. but preaches and delivers sermons on such myth of constitutional rights.


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