• How I can dispose a case if nobody coming to court

Hi,
I am Bhushan, I had a car accident in 2012.and the person is dead.it wasn't my mistake.I helped the guy and admitted in hospital along with police.at that point of time I didn't aware he would be dead in some weeks.but he died after 12 days.Now police files a FIR against me. And matter starts.from 1 st hearing date I regularly attend court along with my lawyer.I have given lot of money to lawyer.whenever I ask to my lawyer about disposal of case. Every time he told me it will dispose soon.but nothing happened. Nobody came on any date till now. I m worried what will happen?Do I need to attend court as usual.cause lawyer is not doing anything.every time I get new date.now after 4 years still the case is open.now I want to change my lawyer.but again I m worried same things should not repeat.
Can anyone help me how I can dispose a case.
I worked in IT industry,and I lost my job due to police verification failed.now any company is not allowed to take a person who is having criminal case pending.
I am very much worried about my future.I was the only earner in my house.
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) has charge sheet been filed?

2) after police investigations are completed police files charge sheet

3) you should attend the criminal case regularly

4) it is not ion the lawyer hands if case does not progress

5) courts are overburdened with huge backlog of cases

6)you have to stand trial . prosecution will lead evidence to prove their case

7) case would take around 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Is the public prosecutor also not appearing in the case? If the answer is in negative then you may apply to the court to dismiss the case. The court can close the proceedings if the state is not prosecuting the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The disposal f the criminal case takes time.

2.Hence to expedite it you can file revisional application in high court wherein the high court would direct the trial court to conclude the trial in a tie frame manner.

3.However do not get worried much as chance of your conviction is nil.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If the criminal case is not running properly in the court then your lawyer cannot be blamed.

However if you dont have faith in your lawyer you are at liberty to change your lawyer, but dont worry that the case may not begin from the start.

Your lawyer can insist and put pressure before court that the case is pending since long hence request for a speedy trial.

The delay may be due to various reasons that the police are not able to trace the defacto complainant or some other reason.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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