LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dr. Rajesh Sharma   10 December 2024

Case hearing in mumbai high court

Sir,

We applied for queshing and only one hearing happened (26/11/24) where judge told to come on 10/12/24 and give copy to PP as PP told he didn't get one. Judge didn't stay further investigations. But today case didnt come for hearing as time was over as our listing was after 100. Only 50 cases were heard

As I understand new date will come from system which can be 2-3 months away and that day also there is no guarantee of hearing it listing is at serial no. which is far.. What can be done to prepone the listing and high on board. In our case charge sheet not filed. We are worried this delay may lead to filing chargesheet 

Plus Complainant is trying to harrass us through police and once he knows queshing is filed and date is far he may try again to harass in the interim



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2024

The listing of the cases by high court is to be watched daily regularly.

You may have to wait until the case is posted on the next list.

The filing of charge sheet will not be of any disadvantage to you, in fact you should have filed the quash petition only after the charge sheet is filed because high courts generally don't entertain FIR quashing.

The defacto complainant cannot trouble you after giving complaint neither the police can once they become aware of the quash petition pending before high court. You can file an application for AB and be safe if the police is torturing.  

Dr. Rajesh Sharma   10 December 2024

Sir

ABA is already taken . investigation is going on last 1.5 yrs and case is civil turned into criminal. The complainant received some e mails where he was told to mend his working style ane be polite to people he is dealing with. No threat is used . He took order u/s 156(3) by twisting language of mails u/s 385,389, 500, 506

Advocate told to go for queshing before filing chargesheet else court may ask to go back to lower court for discharge or trail is we file queshing after chargesheet.

Since today it was not called out although it was listed so my query is how to get early listing as well as high on board listing for next date.

 

As of now next date not updated on Bombay High court site. Lawyer told date will be given by system and it may take few daya before update on website 

T. Kalaiselvan, Advocate (Advocate)     10 December 2024

If it was kllisted today and your item did not reach today then you cannot get an update about the next date.

Alternately you can ask your advocate to approach registrar referring the same and request to bring your matter in the earliest listing.

But let him approach the registrar after a week's time and not before that.

Dr. Rajesh Sharma   10 December 2024

Sir,

In your first para u said , we can't get update if it didn't get listed today. But I heard system gives new dates for such cases. There must be a way to know that date 

T. Kalaiselvan, Advocate (Advocate)     11 December 2024

You can approach your advocate who knows the local procedure followed by that high court. 

You may not find today's outcome and next date in the case status today itself. 

Whatever,  you have paid fees to your advocate hence you may better be in touch with him and follow it properly. 

Dr. J C Vashista (Advocate )     11 December 2024

Request your lawyer to move an application before the High Court for early hearing with justified grounds.

Dr. Rajesh Sharma   11 December 2024

Thanks for reply

Anshu Sharma (LAWFINITY SOLUTI   12 December 2024

Thank you for sharing the details. It's common for cases to be delayed due to a large number of pending cases. However, there are a few options to try and speed things up:

  1. Urgency Application: Your lawyer can file an application requesting the court to hear the case sooner, explaining the delay in the charge sheet and the potential harassment.

  2. Request for Early Listing: Your lawyer can also approach the court to request an earlier hearing date based on the urgency of your situation.

  3. Interim Stay: If you are facing harassment, your lawyer may consider filing for an interim order or stay to prevent any further issues while awaiting the next hearing.

If you'd like more help or want to connect with an expert lawyer, please share your contact details, and I can assist you further. You can also reach me at anshu@lawfinitysolutions.com.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register