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advancement of hearing

(Querist) 04 December 2009 This query is : Resolved 
is there any specific provision under the code of criminal procedure,under which an application for the advancement of hearing is to be made or is it a non provisional application?
RAJENDRAN K.M. 09443050520 (Expert) 04 December 2009
U/s 309
Raj Kumar Makkad (Expert) 04 December 2009
section 309 criminal procedure code is the relevant provision in the given case.
N RAMESH. (Expert) 05 December 2009
The question is about advance the hearing and not of adjournment u/sec.309.

There is no provision for advance the hearing. Correct me if I am wrong.
Shivasurya (Expert) 05 December 2009
According to various Highcourt and Supreme court rulings, in criminal cases, mentioning of provision of law is not necessary, so you can file advance hearing petition without mentioning provision of law. The section 309, Cr.P.C. is only for getting adjournment of the criminal case.
deepak kumar (Expert) 05 December 2009
there is no provision for early hearing but the court before which the matter is pending may use it's discretion and hear the case on priority basis.
Arvind Singh Chauhan (Expert) 05 December 2009
I think Ramesh Sir is right. I agree with Mr.Shivasurya and Mr deepak kumar also, an application for expedite hearing can be filed.


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