Speedy trial order
hem
(Querist) 14 November 2017
This query is : Resolved
Respected Experts,
Background:
A. IPC trial pending since 2011 (charges framed)
B. Moved HC for expeditious disposal of the case
C. Honble. HC disposed the application without mentioning any specific timeline with direction “Learned Metropolitan Magistrate, is directed to take appropriate action for expeditious disposal of the case under reference”
Questions:
1. As there is no clear timeline indicated in the HC order for the disposal of the case will this actually serve the purpose of speedy disposal?
2. If the answer to question 1 is “No” then what is the remedy
Thanks in advance for your time and help
Ms.Usha Kapoor
(Expert) 14 November 2017
Right to speedy trial is fundamental right of the Indian Constitution. Highcourt has also given direction to expeditious disposal of the case to trial court. According to Indian constitutions Right to speedy disposal of case is fundamental right. So both in view of the HIghcourt direction and in view of the constitutional provision your case will be disposed off in an expeditious manner or speedy manner.
Ms.Usha Kapoor
(Expert) 14 November 2017
If you appreciate my above answer please give me likes.
Rajendra K Goyal
(Expert) 19 November 2017
Full case file need to be referred, discuss in detail with your lawyer.
