under which section can be put application for speedy trial in 498a
Mahadev Narayan Dadar 01 September 2016
under which section can be put application for speedy trial in 498a
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 September 2016
Ground of Speedy Trial to dispose of 498A and Matrimonial Suits within 6 months. -
a) Personal liberty cannot be deprived as per Article 21 of Indian Constitution for slithering trial.
b) Read sec. 21-B of Hindu Marriage Act and 40-B of Special Marriage Act, under these trial courts has special power to dispose of any matrimony related trials within 6 months since 498A is considered as a matrimony related trial.
c) Under 483 CrPC High Court has special superintendent power over all subordinate trial courts to dispose a trial expediently.
These sections should be mentioned in the subject of the matter while making petitions in High Courts.
Sample petitions can be found below.
Sidharth 01 September 2016
483 crpc and article 227 of constituion of india can be used for filing petition of speedy trial in HC
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 September 2016
| Originally posted by : Sidharth | ||
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483 crpc and article 227 of constituion of india can be used for filing petition of speedy trial in HC |  |
Agreeing with Sidharth,
Please also mention other determinations like Article 21 and HMA/SMA(if you are Hindu) specific sections to get more accurate order of timeframe.
Mahadev Narayan Dadar 20 October 2016
shall i put application for speedy trail at jmfc where case is running instead of hc?
Sachin (N.A) 23 October 2016
| Originally posted by : Mahadev Narayan Dadar | ||
|
shall i put application for speedy trail at jmfc where case is running instead of hc? | |
You can request the court to give short date but courts are overburdened so obviously there is no use for such request.
you need to apprach HC for the order of speedy trial as advised above
Sachin (N.A) 23 October 2016
I have read many replies of Rocky Smith and i agree with him that if an person appear as party in person in HC with the prayer of speedy trial, chances of getting such order is bright.
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