abishek bharadwaj (self) 11 June 2013
One of my family member has been charged IPC 285 and 304 A by UP Police. The allegations are false and the witnesses present on site are in favour. The family of the person who died during the incident are also not willing to do any case. But due to slow proceedings in court the case is getting delayed and gradually it is becoming hard to take the witnesss time and again to the court. Is there any way by which the case may be resolved quickly. Is going for quashing in HC a good idea?
Hemang (Advocate) 11 June 2013
The accused may stand to trial. High Court may not exercise its discretion to quash the complaint in view of the "seriousness of charges". Beside this, when the evidence is opened by the subordinate court, the High Court would be very slow to interfere with the proceedings. However, if the trial is delayed, the accused can certainly request the Honourable Court to expediate the matter. As stated by you, when the evidence is weak, there is no worry. It is better, the accused gets acquittal on merits.
abishek bharadwaj (self) 11 June 2013
Thanks sir. But how can we request the court to expediate the process. I mean what is the procedure to do so?
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