Your counsel should have updated you, if not talk to him to find out the reason.

What is the nature of the case?

G.Rajaganapathy

Advocate

High Court of Madras

Make an application to HC for placing case on board fir urgent hearing 

make out a case for urgent hearing 

Please follow up with your lawyer to take steps for listing the petition for quashing the charge sheet. If the HC quashes the charge sheet, relief will be available only to the petitioners, and the charge sheet shall stand against the husband.

It is not uncommon for quashing petitions to remain pending without listing due to docket load or procedural reasons. However, there are specific steps available to ensure that the matter is brought before the Court.

The first and most effective step is to move a mentioning application/urgent listing petition before the concerned bench. Your advocate can orally mention the matter before the Court or file a written memo seeking early listing, especially highlighting that the petitioners are senior citizens and that the matter arises out of a matrimonial dispute where continuation of proceedings causes hardship.

You may also file an advance petition for early hearing before the Registrar (Judicial) requesting listing on priority grounds. Courts generally consider factors such as age, health, and nature of dispute for granting early listing.

If there are any coercive steps or trial proceedings ongoing in the lower court, you should immediately file an interim application seeking stay of further proceedings, if not already filed. This is important to protect the petitioners while the quashing petition is pending.

As regards the fact that the husband (who is abroad) has not been included in the quashing petition, that by itself does not invalidate the petition filed by the parents. Each accused has an independent right to seek quashing. However, if required, the husband may file a separate petition or seek to be impleaded later.

You may also consider sending a representation to the Registrar (Listing Section) of the High Court with case details, requesting early listing. In some High Courts, online grievance or listing request mechanisms are also available.

If the matter still does not get listed despite these steps, a more formal route is to file a petition for early hearing (advance hearing petition), which compels the court to consider listing the case.

In conclusion, your immediate course of action should be to actively pursue mentioning and early listing through your advocate, along with filing a formal early hearing application and, if necessary, seeking interim protection.

Please feel free to reach out if you require assistance in drafting the listing or early hearing application.

You ca circulate the matter and get it disposed 

Your lawyer can file a formal mentioning slip or a memo before the concerned Judge who has the "portfolio" (the jurisdiction) for quashing petitions

 You should highlight the age of the petitioners (senior citizens) and the fact that the matter has been pending since January 2023 without a single hearing in order to  get the case listed for "Admission" or "Orders."

Alternately you can file a petition before the registrar for an early hearing.  your lawyer can file a formal Miscellaneous Petition (MP) seeking an early hearing of the main Quash Petition. In this petition, you explicitly state the hardships faced by the parents, such as health issues or the mental agony of a pending criminal case, to justify jumping the queue of older cases.

Sometimes, a case is filed but not "numbered" because the High Court registry has raised technical defects (e.g., missing signatures, improper translation of the vernacular charge sheet, or court fee issues). Ask your lawyer to check the e-Courts status or the High Court website to see if the case is under "SR Stage" (Scrutiny Number) or if it has been assigned a "CRL OP (MD)" number. If it’s stuck in SR, it won't be listed until the defects are "cured."

Sir/Madam, 

A mentioning may be done by the lawyer to the court for listing of the case.