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Raja Babu   27 April 2020

speedy trial in 498a, DV case

Hi

I am facing 498 A (DV) trial from last 5 year and only charges framed yet now.

there are still 9 evidence is pending

what should i do there are so much delay

can any application move to trial court or District judge for speedy trial ?


Learning

 7 Replies

Dr J C Vashista (Advocate)     28 April 2020

What is the urgency to face trail in a complaint case where you are an accused ?

However, if you can justify the reasons for early hearing you may move to High Court in a writ petition u/s 482 read with Article 227 of the Constitution of India with a prayer to issue necessary directions to the Trial Court to. complete the case within a time frame

Parveen Bhatia   28 April 2020

raj babu ji you can take phone with me , my number is 8837755862

Raja Babu   28 April 2020

Dr J C Vashista sir,

because of these cases i am suffering lots of mental pressure

Free Legal Help India   28 April 2020

Why is your case getting delayed. You have not asked the full question? A. A. ZAIDI ADVOCATE 9719775005

Manogya Chava   28 April 2020

You may if you wish, move the High Court under Section 482 and Article 227 as stated above and with proper reasons, including the mental strain the case is causing and seek a prayer of issuing a direction to the Trial Court about the speedy trial. Speedy Trial is granted under Article 21 to all parties to a case. You may refer to the case of Ayishabi vs Shahul Hameed M.C.155/2013, which is a DV case for speedy trial under Article 227 of the Indian Consitution. 

P. Venu (Advocate)     28 April 2020

Yes, you can move the High Court, but it is not necessary that the matter be expedited.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 April 2020

file a writ petition before the High Court under Article 226/227 of Constitution of India as speedy justice is a fundamental right so High Court may pass a direction to the trial court for deciding the trial within a time period 


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