• How to expedite criminal matter?

I wish to expedite my criminal matter (Private Complaint) which was filed in 2015 before the Hon'ble Magistrate at Calcutta. 

The matter gets listed every 2 months. At times judge is absent / on leave, and I lose a date. The matter is proceeding very slowly. At this stage the Court has only heard application u/s 205 of the opposite parties who have prayed for exemption from appearance and nothing else has happened in the matter in 1 1/2 years.

At this rate, the matter (which is a warrant case involving cheating , criminal breach of trust, fraud , misappropriation of funds of more than Rs. One Crore ) will take many years to get completed and I will have lost the capacity by then to fight the matter. 

1. What can I do to expedite the matter at this stage (case was filed in 2015)
2. Can I obtain a direction from a High Court for disposal of the matter at this stage?
3. On what grounds can I obtain a speedy disposal order? Can the court abstain from giving me an expeditious disposal order? If the court asks me "What is the urgency" what should be our reply?
4. Please let me know the strategic steps I should take so that some pressure can be created on the culprits.

Thanks
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) you can move HC for expedited hearing of the case

2) court will expedite hearing only if you make out a case for urgency

3) if you are senior citizen you can seek expedited hearing

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Yes, you can get necessary order for speedy trial of the case from high court, Calcutta.

The grounds would be many including your constitutional rights for expeditious disposal of the case.

If you are interested I can get necessary order from high court, Calcutta for which you may feel free to contact me at [deleted].

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The only remedy to expedite it is to file a writ petition in the HC. Objectively analysing the facts, there is no delay in the case as the case was filed only in 2015, but you are free to try your luck.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your case is not too old. There are even much older cases which are sill pending for which there i a widespread talk of judicial reform. However, your lawyer can play an important role for expediting the matter on the dates when the Court is not on leave.

2. You can certainly file a petition before the High Court praying for a direction upon the court below to expedite the matter and dispose it of within a given time frame.

3. You are aware that there are crores of cases pending before the Indian Judiciary. You shall have to show ground for the said petition mentioning your urgency. One ground could be that the evidences are likely to be tampered with or get vanished with the elapse of time if not seized immediately.

4. File the petition before the High Court as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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