482 outcome - no fixed date,
Jeevan
(Querist) 11 November 2014
This query is : Resolved
We filed speedy trial petition (482) in the high court for 498a case going on for last 7 years, and 3 years from the charges framed.
To my disappointment, high court only ordered the lower court to expedite the matter with observations (I don't understand what does it mean) and declined to give any fixed date citing there are other long pending cases.
Do you think is it any useful? Please advice.
Devajyoti Barman
(Expert) 11 November 2014
It depends on high court either to direct to end trial in a specified date or expeditiously.
Jeevan
(Querist) 11 November 2014
Don't you think without the specific date, expedite has no meaning? Lower court can always say that we are doing best but parties not coming to give evidence so we can't do anything, isn't it?
Devajyoti Barman
(Expert) 11 November 2014
It has meaning and lower court would fix dates more frequently.
if ti does not do so, you would get another opportunity to go to high court again.
Jeevan
(Querist) 11 November 2014
How long before I can go to high court again? If lower court gives plenty of frequent dates, then again purpose not served.
Devajyoti Barman
(Expert) 11 November 2014
wait to see the conduct of court in context of this order of HC.
Jeevan
(Querist) 11 November 2014
pls ignore this message
Jeevan
(Querist) 11 November 2014
yes, let's see, so far the lower court has been extremely relaxed in giving dates and one after another opportunity to witnesses in this case.
Dr J C Vashista
(Expert) 12 November 2014
The directions have already been passed by HC and you will notice (in due course of time) your case is expidited.
However, in the given circumstances your HC petition u/s 482 Cr. PC stands allowed and finally disposed, hence no more date in HC.
Rajendra K Goyal
(Expert) 12 November 2014
Wait for some time whether trial court is fixing case for speedy ending.
ajay sethi
(Expert) 12 November 2014
agree with MR barman
V R SHROFF
(Expert) 12 November 2014
agree with MR barman
Jeevan
(Querist) 16 November 2014
Some excerpts from the judgement. Please share your views.
1) The learned State Public Prosecutor, however, does
not dispute the sequence of events and would submit that if
once the trial commences, it would be necessary that the
proceedings go on day to day. The learned State Public
Prosecutor would submit that given the circumstance that the
matter has been adjourned from time to time, even though the
presence of the witnesses was secured, on account of pressure
of work or otherwise of the court below, that appropriate
directions be issued to the trial court to expedite the
proceedings.
2)
Therefore, keeping in view the need for expedition, the court
below is directed to ensure that there is progress in the case and
take such steps, as may be necessary, in the event that there is
failure on the part of the prosecution to proceed further with the
case.
ajay sethi
(Expert) 17 November 2014
HC has directed that once trial starts it be disposed of as soon as possible
Jeevan
(Querist) 17 November 2014
Will it be day-to-day as SPP suggested?
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
