Pushkar (Mr) 24 June 2014

Expedition of trial

Dear experts,

I have a case pending against me initiated on a false police report. The trial is going on since 2008. No witness is coming. For the past 2 years, on every court date, the judge gives next date saying last opportunity otherwise he will close prosecution evidence. But despite repeated objections from my lawyer, they are not closing evidence.

I want to ask if there is any way I can get the trial expedited. I am confident that the case cannot stand as there is no evidence and is false and no witness. Its causing me undue harrassment.

Please advise what I can do to speed the trial.

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3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 June 2014

Mr. Pushkar,

Expeditious trial is a right of every accusted as per Article 21 and 14 of Indian Constitution. Please appear in High Court in your state in-person and get the order.

The sample petition is attached bellow.

Please see my post in the following link which might helpful for you.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

Attached File : 98817457 speedytiral samplepetition.docx downloaded: 147 times

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 June 2014

Nothing left to add, agree with expert

Pushkar (Mr) 26 June 2014

Dear Sir

Thank you sir for your reply. Sir in relation to this, can I file such a petition in the sessions court to direct the judicial magistrate to expedite the trial. I am asking this because the sessions court is very close to my residence however, the high court is 350 kms away.

If there is an option in law to get such a direction from sessions court, I would like to pursue that option.

Thanks a lot for your valuable time.