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Jaswant (Student)     27 December 2012

Ni138: prosecution delay matter on pretext of bringing wtns

Hi! In NI-138 case the prosecution had asked to introduce new witness, which was allowed. But they have been playing the fool by giving one or the other excuse on each date for their witness not being present. This is now over 2 months. The matter has been lingering for 7 years now, despite being a summary case.

Please let me know under what section of law can I file an application before the court to close their evidence in these circumstances so that the matter may proceed further; ie. accused's statement and then for judgment.

Many thanks in advance.



Learning

 6 Replies

Advocate Rohit (Advocate)     27 December 2012

you can file an application before the court asking to invoke sec. 311 of CRPC for issuing summons to the witnesses for being present on the next date.

 

also if the complainant is not present for last many hearings then you can move an application u/sec. 249 of CRPC for dismissing the complaint for non-appearance of the complainant.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Jaswant (Student)     28 December 2012

Thank you Sir.

R Trivedi (advocate.dma@gmail.com)     28 December 2012

Application under CRPC 256 for summon cases.

 

Most importantly under this section it is not easy if opposed properly to let a new witness come, if the name of witness is not present in the witness list

V.G.Rao Advocate (Advocate)     05 January 2013

Hi Jaswanth,

Refer the circular issued by the Registrar General vide Proceedings No. 1213/SO/2006, & Circular No. 24/2006 wich was issued based on the Hon'ble Supreme Court of India Judgment in Civil Appeal No. 3241,dt 02/08/2006 which reads as under.

"The trial court was unnecessarily and unreasinably liberal in granting adjournments,perhaps influenced by the observations of the High court in its impugned order deprecating a pedantic and hyper-technical approach.While we do not approve of a pedantic or hyper-technical approach in such matters, at the same time we must impress upon the courts that its approach, however liberal,must e in consonance with the interest of justice and fair to both the parties.Misplaced sympathy in favor of any of the parties result in injustice to the other party. The courts have the solemn duty to maintain a judicial balance. We must deprecate such irresponsibel approach of courts granting numerous and unnecessary adlournments in the strongest terms. The frequent grant of unnecessary adjournments has come in for very serious public criticism.It is not suprprising that frequent adjournments are unncessarily sought, but what is surprising is that  courts generously grant such adjournments,regardless of the fact that it results in delayed diposal of thecases, involves loss of public time, increase the financial burden of thelitigants, and tarnishes the image of the judiciary. It is High timecourts stop granting unnecessary adjournments.The High courts must take serious note of adjournments freely granted,even if unnecessary, and as afollow up action call upon the judicial officers concerned, in appropriate cases, to justify the numerous and unnecessary adjourments granted".

          In view of the observations made by the Apex court as above, all the presiding officers of the Subordinate courts are directed to follow the above instructions of Supreme Court of India scrupulously.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     06 January 2013

What ever law you make still any party can not be stopped seeking time .

 

The above SC circular says about applications for adjournment but without giving application for adjournment matters can be delayed. It will be the skill of the advocate to seek delay even on the face of resistance by court or opposite side.

 

See a simple example -. A criminal case was pending since long and accused did not want the cross to be completed., still claiming ever ready but but with conditions.....

On one date advocate on other date the complainant could not attend due to careless ness so the  accused side  took strong objection. Scared the complainant produced a medical certificate for absense on last date.

 

Now on next date the accused  side insisted for a fitness certicate. There was lot of drama and high pitch arguments by both sides. But the accused  side insisted in writting from the complainant side THAT  in case of any medical emergency the accused will not be responsible since basic FIRST AID FACILITIES are not available in the  court premises.

 

The result without any order next date was given and the matter is now at this stage only since long long time.

 

There are many such tactics for which there is no solution but the detay.

R Trivedi (advocate.dma@gmail.com)     06 January 2013

Court grants adjournment in routine manner , may be because they are stardled with hundreds of files everyday. so for them one count is over !!

 

Actually the lower court work need to be streamlined drastically in India, hearing of 100+ cases in a day, obviously no quality time can be spent, when parties come on date, atleast one of the parties expect some concrete move in the case, but it does not happen. It is so frustrating for litigants.


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