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Q Slinger (NA)     13 February 2015

Withdrawal of All Mics. Petitions in return for speedy trial order

Dear Experts:

 

I filed a quash petition in AP HC for 498a, followed by a Passport release petition in the quash for A2. Filed a seperate revision petition ofr A4 in HC after the trial court and session both rejected my brother's (A4) passport petition.

THe situation in AP HC is quite horrible. The matters in front of U. Durga Prasad (Judge) are not reaching even after mentions. He sets a date but the case never gets listed. I have been struggling to get  passport petitions listed for about 1 year now and still no relief.

Unable to bear this delay, I suggested to my lawyer that he should, at 10:30 AM mentions, ask the judge that since the court is over burdened with so many cases, we will WITHDRAW all 3 petitions, if he is can give a direction to trial court to dispose off the case in 1 months time.

My lawyers says, that is not possible as its not as per procedure and we cannot casually negotiate with the judge. My argument is that is that his argument should be based on concern for the aggrieved (accused) rather than on procedure, which i feel might work. The judge also seems to be a bit on the lenient side.

 

So, should I force my lawyer to make the above statement of negotiation with the HC or not? If not, is there another way of tackling this issue without having to get further delays? If no negotiations are possible, what else can we file in HC to get the case expedited?

 

All expert help is appreciated!



 3 Replies

Sidharth Arora (EXPERT/ADVOCATE )     13 February 2015

Your lawyer is in a way correct...doesn't work in this way.Use RTI.

MohanK-700 (Architect)     14 February 2015

Please check the probability of filing application for speedy trial in trial court  itself.

Else you can file similar application before high court as well asking for speedy trial.

Because of rampant corruption cases are not getting listed. I have gone through similar trauma as well.

T. Kalaiselvan, Advocate (Advocate)     16 February 2015

You have repeated the same question in the experts section too wherein number of experts have very properly addressed your query, you may visit that thread for knowing more answers.


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