vidu (abc) 30 September 2009

getting adjournment

I am appearing as respondent in person in s125 crpc case against me . On a date the Magistarte was on leave and the court reader gave a date which coincides with the date when I have to appear before high court in a case again in person . I can not afford to miss anyone and I want to plead my both cases in person . How do I get the date before lower court changed -- the date is still 2 months away .

Please guide . Can I file an application in this regard with Magistrate and when should I file such an application ?

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9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 30 September 2009

file an advance hearing petition before the trial court after giving notice to the petitioner. state your reasons in the affidavit accompanying the petition for advanced hearing

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PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 September 2009

IF, U WANT TO CHANGE DATE OTHER SIDE HAS TO ACK/ AGREE/ACCEPT / UR ADVANCE PETITON. OTHER WISE TAKE CONVENIENT DATE OF ADJMNT IN ANY ONE COURT THROUGH UR ADV COLLEGUE.

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k.kumar raja (advocate) 01 October 2009

both aravinthan&janarthana are correct

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vidu (abc) 01 October 2009

thanks for the helpful replies . I really appreciate .

Please guide further .

Is advance date petition a simple Miscellaneous application or something else ? and in what section it is filed ?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 02 October 2009

IT IS AN APPLICATION MEMO BY MENTIONING STAGE I.E EXAMINATION,311 OR 313 ,EVIDENCE ETC.,

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vidu (abc) 02 October 2009

In this case , the SUMMONS served on 10.9.2009 . I appeared on 23.9.2009 . The Magistrate did not hold court that day but the READER gave the date . So the net date is for filling the reply and nothing else has happened . In this contet kindly advise .