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Gagandeep Mand (Manager)     22 October 2012

Right of a accused under indian criminal justice system

Right of a Accused under Indian Criminal Justice System to get speedy justice?

Scenario:

1) In the FIR 5 persons were named, after investigation police filed ChargeSheet against only ONE person and rest all purt in column No2.

2) Prima-facia charges framed against the ONE accused only and prosecution was asked prove the case

3) Prosecution moved application u/s Cr.P.C 319 to proceed against other persons who were named in the FIR and court sumoned all remaining 4 persons

4) Those 4 persons moved to high-court and HC stayed proceeding against ONLY those 4 persons, and case admitted for regular hearing. The case is still pending in HC from last five years.

5) Now the trial court is not advancing the case againt the very first person against whom chages has already been framed (approx 7 years ago) and there is NO stay by the HC w.r.t  to that accused.

 Now this case what is the legal recourse available to the accused against whom the charges have already framed  to get the trail moving so that he can get speedy justice.

Thank you

T SINGH



Learning

 5 Replies

MohammedRaffiq Bijapur (Advocate)     22 October 2012


 

You can move application before high court asking for necessary direction to trial court for commencement of trial against the accused charge sheeted.

Chetan Joshi (Advisory/Advocacy)     22 October 2012

A writ of Manndamus may be files in the High court...

 

Thanx

Adv Raj (High Court) (Advocate)     23 October 2012

You can file a Mandamus and seek the HC to order the same to the lower court .

JANAK RAJ VATSA (ADVOCATE)     30 October 2012

a writ of mandamus in the jurisdictional high court should be filed for expeditiously deciding the case in the trial court

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