What to do if trial court do not follow high court speedy justice order
Mani123456
(Querist) 18 February 2014
This query is : Resolved
Hi,
6 months back high court did not admit my quashing of 498a. But an speedy justice order was given and the trial court was asked to dispose the matter by 6 months. The six months are getting over in next week. In last 6 months trial court judge was very careless in dealing with the case. He never showed any intentions to dispose the case.Now recently he has been promoted and transferred. The new judge has not been coming since last 15 days. The trial court do not have any judge for last 15 days. And my wife's cross examination is not finished yet.
Now, my question is what action I should take to get speedy justice. I am innocent and trial court had been too reckless to finish off the case and each day I feel frustrated. When must I approach the high court again to quash the 498a case against me. My wife comes to the court according to her wish, she comes once in 3 to 4 dates. Other witnesses have been missing despite Police sent them summon and many NBWs have been issued against them. They never bothered to appear.
If the trial court new judge does not come in next few days what action I can take? where can I complaint about this?
My life is completely getting ruined due to crawling reckless judiciary where not even high court order is being followed seriously?
How much more time I must wait before going to high court again? Kindly advise me.
Regards
Mani
Dr. Jyothi Vishwanath
(Expert) 19 February 2014
You harassed your wife. Now she harassing you legally.
You have to wait for the new judge to come.
If you keep filing petitions to high court,
the matter will get more delayed.
Wait and have patience till new judge comes.
Once he comes, request him to deal speedily telling your plight.
Devajyoti Barman
(Expert) 19 February 2014
Wait for the new judge.
If he also delays then go to high court and highlight its disobedience of the HC order.
ajay sethi
(Expert) 19 February 2014
wait for 3 months . if new judge doesnot proceed with matter then you take acall . you have to also realise that if witness dont turn up inspite of issue of NBW judge cannot dispose of case faster
Rajendra K Goyal
(Expert) 19 February 2014
Wait, let the new judge join.
Prey him to dispose the case as per HC order.
Agree with the expert ajay sethi ji regarding observations about witness.
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
Wait is the answer. The court proceedings are different, you cannot pressurise the judge, there may be various factors that delay the disposal of proceedings which are beyond any one's control, so wait.
