Prem Rewari
Asked October 24, 2016

Case being dragged: what do I do?

  • 1 Answer
  • 287 Views

As a senior citizen of 82 years am i entitled to a priority so that the criminal case can be expedited with minimum number of dates. This criminal case was put by me against a gentleman who had been loaned some money by me , which he is now not returning . The gentleman is dragging the case & undue pressure of extended dates are a burden on me . Kindly guide . Thanking you

Answer 1

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Saurabh Kumar

Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under Article 32 in case the trial is on going in a High court or the High Court under Article 226, in case the trial is on going in a lower court for the purpose of enforcing such right and  Court in discharge of its constitutional obligation has the power to give necessary directions to the State Governments and other appropriate authorities for securing this right to the accused.

 

Under sec. 482 read with 483, Cr. P.C lays that every possible measure to be taken to dispose off the case within a reasonable time period[1]. No adjournments to be granted until and unless circumstances are beyond the control of judiciary. It is the responsibility of the judiciary to keep a check on under trial prisoners and bring them to trial. Thus, you may consider filing a writ petition in the High Court under Article 226, asking the court to exercise its rightful powers under Section 482 Cr .P. C and accordingly give necessary instructions to end the trial quickly.

 

You can also argue before the court that in several landmark constitutional cases, it has been held that delay in completion of criminal trial leads to severe mental anguish and thus the Supreme Court itself has asked criminal trials to be quick to ensure justice[2] .

 

 

If the trial in your case involves a crime whose punishment is 3 years or less, please ask the court to proceed for a summary trial under Section 200 of Cr.P.C, this will also ensure quick disposal of your case.

 

[1] Hussainara Khatoon V State of Bihar

[2] Katar Singh v. State of Punjab, Abdul Rahman Antulay v. R.S. Nayak.

Agree Comment 0 Agrees about 4 years ago

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