Harsha (engineer) 23 September 2021

Advance application under section 309 of crpc read more at:

Hello Learned Professionals,

My wife had filed a DVA petition in 2017 and I had contesting the case as a party in person. The case is posted for final orders after both parties filed their arguments.

As respondent I have filed my further arguments aswell, however Petitioner didn't file further arguments after multiple chances were given to Petitioner. Now the petitioner is submitting advance application and asking me to confirm the Advance application under section 309 of CrPC.

I have objections as Petitioner didn't file in said timelines requested by Petitioner. I request your advice to let me know what submission should I put before the honorable court to have this application rejected by Honourable court.

Regards

Harsha

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6 Replies

Pradipta Nath (Advocate) 23 September 2021

Section 309 is regarding adjournment of proceedings. What you are required to confirm from the prosecution? Seems there's a bit confusion!

Harsha (engineer) 23 September 2021

Sir this is a domestic violence case. Last three dates was posted for further arguments.i as respondent gave my final arguments on first date, however Petitioner failed to submit further arguments. Now the case is posted for final judgement/order on October 5 2021. Now petitioner wants to file the above petition and is asking for advancement of case on 27th of this month. He is asking me to send my confirmation through whatsapp as I have to travel 300 km up/down for this case.

Pradipta Nath (Advocate) 23 September 2021

If you don't feel to confirm, you don't need to confirm. Its all your prerogative.

Dr. J C Vashista (Advocate ) 24 September 2021

It is nothing but delay tactics, you may move to High Court under Article 227 of the Constitution of India for issue of a writ of mandamus to conclude proceeding within time frame. Consult your lawyer who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to advise and proceed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 September 2021

It is courts decision. In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond ..