clat taker 18 June 2021

Advancement petition in criminal trial of 498a ipc

Hey,

I am a new advocate. In one of my client's matter, I need to file an advancement petition in a criminal trial. I know that for advancement petition in civil matter, under Rule 109(2) of Civil Rules of Practice r/w Section 151 of CPC, advancement petition can be filed. However, I am unable to find which section or rule needs to be quoted from the criminal rules of practice and criminal procedure code in the advancement petition for a criminal trial. If no section is available, then what should be done.

Please let me know. Thanks in advance.

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3 Replies

P. Venu (Advocate) 19 June 2021

Rules of Practice vary from State to State. For advancing hearing, it is sufficient if a simple application is filed.

Dr J C Vashista (Advocate) 20 June 2021

Instead of advance petition it may be "preponement" or "early hearing" of the case? is it so ?

T. Kalaiselvan, Advocate (Advocate) 20 June 2021

You can file a criminal miscellaneous petition seeking the relief of hearing advance of the case for the reason that you may rely upon.

You need not mention any particular provisions of law under criminal procedure code, 1973 for this.

The meaning of the Criminal miscellaneous petition is “ A formal expression of request submitted by way of an application before the criminal court in or otherwise in the criminal proceedings on different kinds of reliefs for some privilege, right, benefit, or for an action ”

Therefore a petition can be defined as a written application from a person or persons to some governing body or public official asking that some authority be exercised to grant relief, favours, or privileges. If such relief is sought before the criminal court, it shall be called a miscellaneous petition. In broader sense, a miscellaneous petition is nothing but a relief sought from the court by the parties.

Therefore you may proceed accordingly.

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