harrasing witness

yogesh (Querist) 18 August 2009 This query is : Resolved
my wife had filled fir against a lady who had assaulted her in public place. The case is under hearing. When we bring our witness accused lawyer puts a sick leave or on some pretext witness is not allowed to testify. The judge also gives date as per convenience of accused. If this continues witness will not come to court as he has to take leave from his job.Where can we appeal or ask for speedy trial as the matter is five years old ? What other remedies are available ?

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Y V Vishweshwar Rao (Expert) 18 August 2009
There are some observations by Supreme Court , that witnesses are attending the Court at their inconvenience and keeping aside all their that day Activities and giving respect to the Court proceedings , it is for the Advocates to examine and Cross examine the Witnesses on the same Day when the Witnesse is presnet, with out taking any unwanted adjournments.I will try to post the Judgments in which these observations are made by the SC .

Guest (Expert) 19 August 2009
Firstly you engage a private lawyer with prosecution on behalf of your wife. Then ask your private lawyer to file an application under S. 309 of the Code of Criminal Procedure Code praying to hold the trial day to day, stating special reasons therein. Speedy trial is a fundamental right of citizen of India under Article 21 of the Constitution of India".
Feel free to contact me on : 09727000333 (M)

G. ARAVINTHAN (Expert) 19 August 2009
Better you can get appropriate orders from High Court for a speedy trial.

Section 482 of Cr.P.C is very much available

Kiran Kumar (Expert) 19 August 2009
Mr. Rao and Mr. Ganesan have given correct advice.

you can approach HC and apprise your lawyer about the following judgment, it will solve your purpose:

Salem Advocates Bar Association, Tamil Nadu

versus

Union of India

Writ Petition (C) No. 496 of 2002 decided on 02.08.2005

here in my region it was reported as 2005(3) Civil Court Cases 420 (SC).

in para 71 of this judgment Hon'ble SC has set out Model Case flow managemnet rules whereby the offences have been categorised into various traks. Each track sets out the period recommended for trial (depends upon the nature of offence).

most of the High Courts have adopted these rules.

you take a petition before the concerned High Court (under S.482 of Cr.P.C), however writ petition may also be filed.

keeping in view the facts of your case the High Court will certainly expedite the trial.

yogesh (Querist) 19 August 2009
thanks a lot respected experts for the advice. I'll see whatever can be done.It'll definitely help me if supreme court judgement on witnesses as stated above by Mr. Rao is available.

A. A. JOSE (Expert) 20 August 2009
I agree with the view of Mr.Kiran Kumar.

Y V Vishweshwar Rao (Expert) 21 August 2009

Dear Friends !

AIR 2001 SC 2028

AIR 2001 SC 1403

on the subject of Exmaination of Witnesses by Trial Courts, observations are made by Supreme Court !

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