time limit for a court
Guest
(Querist) 08 July 2010
This query is : Resolved
Dear Sir
is there a time limit for the metropolitan judge to ensure that the chargesheet presumably filed by the police is handed over to the accused who at the end of almost a year is yet to know under what charges he has been booked , arrested and under bail with a surety of Rs 5000/- ? The accused meanwhile had to vis the court almost every month only to get the next date.
Regards
haridas mandal
S. Bharath
(Expert) 08 July 2010
There is no time limit, it depends on factors like if there are several accused persons and some other accused are yet to appear, copies under S. 207 not being prepared etc. Section 309 of CrPC says inquiry or trial has to be held as expeditiously as possible and in particular when the examination of witnesses has commenced, it should be conducted on a day-to-day basis. Seldom followed in practice. In a few cases, the long pendency of trial works to the benefit of the accused in considering discharge, reducing the sentence etc.
Guest
(Querist) 08 July 2010
there is only one accused. No reason for postponment given to the accused who is on bail. What are avenues open to the accused to expedite the case . Last time the accused attended court may 27 when the hon'ble judge was on vacation ie the judge knew that on that day he will not be available . The court clerk in his absence postponed it to 11 Aug 2010. In no occasion the police or the govt prosecuter pleaded his case for any postponment in the presence of the accused. What the rules say?
Devajyoti Barman
(Expert) 09 July 2010
If the investigating agency is making in ordinate delay in submitting the charge sheet then certainly you could move the magistrate himself for making such directions.
There are several other ways to expedite your case but without knowing the details it would be impropeer to make such advices.
adv. rajeev ( rajoo )
(Expert) 09 July 2010
it is the too much delay in filing the charge sheet, file a write against it and for quashing
Guest
(Querist) 17 November 2011
This another area of concern. YOURLORDSHEEPS have made themselves most powerful in the rotten system.It must be course corrected. Asking a victim to pay for the appeals to HC to SC to get his grievances heard is least desirable in a democratic country where 77 % of the population lives on less than Rs 20 or less a day. And where just Second Generation Ambani build castles out of blood money depriving their own workers rights to share the profits.Lets have a second lok on the issue- Why can't the law be digitalised with discretionery powers to grant bail ,deposit surety money to lawyers run coop banks, to give adjourments , to grant parole , to give dates after dates without any reasoning . Let now call a spade a spade. It is the YOURLORDSHEEPS which has taken our justice delivery system to the new low.
