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N V S BHAT (executive)     14 May 2011

Heard but order not passed in criminal case

One of the CBI special court case for anti corruption, the matter is pending since Jan 2005. The judges are frequently getting changed/transferred and hence till NOV 2010 no hearing took place, and hence the discharge petition was pending & not heard. In Nove 2010 a new special court was established & new judge took over the case.   He  started hearing the case (preliminary /ABC) & several round of arguments  took place till March 2011, where upon he put it form orders. There was indication that, out of 8 accused at least 4 will be acquitted. However, several adjournements were made for orders till May 2011, where upon the judge was transferred & relieved without pronouncing the much awaited order.The advocate handling the case has informed that, the new judge will hear the case afresh. Any recourse available in this regard ???.



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 1 Replies

Shiva Kant Dixit (Advicate)     14 May 2011

Dear Mr. Bhat,

No recourse is available, as it is well settled law that after concluding argument if delay of more than 14 days took place, then metter will fix for fresh reagrument. So wait for new judge who took charge.


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