Sidharth 07 April 2016

Petition for speedy trial in hc

I'm facing trial u/s 498a from last 8 years.

I'm thinking to file petition for speedy trial in-Person U/S 483 CrPC read with Article 227 of Indian Constitution by preying that to direct the Learned MM to dispose of the 498A case within 6 months from the communication of the order.

My case is lingering on because public prosecutor was not present from so many dates.

As you know that I can file case in-person only on my behalf and not for family members who are wrongly dragged in case. Because a non lawyer cannot represent other.

I'm sharing all this so you can correct me if I'm wrong.

I'm defending my all cases in-person in trial court but its 1st time I'm going to HC.

Can you tell me what will be the procedure court will adopt?

Means court will summon whom I/o or complainant or both.

What are the Grounds for speedy trial I should mention

Can you help me with some judgements of Delhi High court or SC ?

Any sample petition will be helpful.

Thanks

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6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 April 2016

Ground of Speedy Trial. -

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.

Sample petition available in my profile links.

These sections should be mentioned in the subject of the matter while making petitions in High Courts.

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 April 2016

The court will direct to dispose of the matter within certain period.

The LD trial judge will do all necessary process including summon to IO and complainants to speed up the trial once you submit the speedy trial order of HC.

Sidharth 07 April 2016

Thanks for your reply,

Will HC summon complainant to know her view?

What will happen in trial court when petition of speedy trial will be pending in HC.? Will it be stayed or keep on going.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 April 2016

The HC may / may not direct you to serve a copy to public prosecutor (unless you use 401 CrPC and 397 CrPC and pray for record call from trial court).

The court will not order for any stay unless you pray. Never pray for any stay order.

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Sidharth 08 April 2016

Dear Rocky smith,

I was going through your previous post on this site. You have mentioned that you have some judgements which may be helpful in getting order of speedy trial.

Can you please post them here.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 08 April 2016

SIR,

KINDLY NOTE THAT

1. YOU MAY FILE A WRIT PETITION / APPLICATION TO THE HIGH COURT FOR EXPEDIATING AND CLUBING TOGETHER ALL PENDING CASES WHICH ARE INTENTIONALY FILED TO HARASS THE OTHER SIDE.

2. YOU MAY MENTION ALL BRIEF FACTS OF THE CASE STARTING FROM THE DATE OF MARRIAGE AND PLACES THE MARRIED COUPLE RESIDED SO THAT JURISDICTION OF THE COURT CAN BE DECIDED.

3 YOU MAY ALSO PRAY FOR QUASHING THE FALSE CASES FILED AGAINST YOU AND INTERIM RELIEF OF STAY OF SAME . YO MAY ADD PRAYER OF CLUBING ALL CASES BEFORE ONE COURT AS PER JURISDICTION OF COURTS.

4. FOR EXPEDIATING THE CASES THE PRAYER CAN BE ADDED IN SAME.

GOOD LUCK.

N.B.SAWNAT.,M.COM.LL.B., ADVOCATE HIGH COURT.