- As per the information mentioned in the present query, makes it clear that your case is been pending since long.
- When everything is before the Magistrate then the reason best known to him for not giving the order.
- You can file a Writ petition of Mandamus under article 226 of Constitution of India read with section 482 of CR. P. C., before the Hin’ble High Court for directing th Magistrate to take speedy decision over the same.
5-7 times order postponed
My case for 156 (3) is up for order since 5 times the judge is magistrate court just doesn’t want to give order It’s so strange why ? The case is heard argued but he is just postponing the date every time He calls out kicks back and then just gives a date.
Asked 7 years ago in Criminal Law
Religion: Hindu
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13 Answers
Judge might have busy with other works like preparation of judgements previously reserved or some administrative work. Don't worry, wait for some time. Then also if it is nit pronounce, file an affidavit stating you are very urgent need of getting justice, the case was posted on such and such dates for judgement, but not pronounced, so kindly pronounce it at earliest. You will get remedy
Move the high Court under article 32 of Constitution to issue writ of mandamus or certiorary upon the magistrate.... ie directing him to perform his judicial duties and give a judgement
If the judge is reluctant , then file a writ petition in the high court .
Sir press the matter for the order if judge fails to give order file a writ petition for direction in high court.
You may have to wait for the court to decide on this
If the petition do not warrant any merit for the court to interfere, the court may take a little more time to study the events and the history of the case to pass an order on that.
Hence you may have to wait or you can approach high court seeking direction to the lower court to decide expeditiously
1) on next date request court to pass orders . Mention that case has been on board for orders for last 6 occasions
2) complain to administrative judge HC against conduct of magistrate
Move a precipe requesting to pass order soon and mention your urgency
My lawyer pressed for the order before last date also he said you have attached quite a few judgements so I need time This time he is like I’m not to concerned about miscellaneous cases and just gave a date Before that 3 times even hearing account the court put up my case for argument if I could share the case history it’s repeated for hearing / arguments / order
Asked 7 years ago
I have already supplied you the solution. Where is the scope of follow up question?
Instruct your lawyer to work on the solution I have given
You may approach high court if the delay is inordinate without any reason.
You can change your lawyer also if this lawyer is not cooperating.
Sir take certified copy of roznama and file writ before the high court if on next date case is not disposed off.
courts are over burdened with cases hence courts grant adjournment on account of paucity of time
2) court would pass orders after one or two dates
how long has it been since the arguments concluded?
if judge says that he has to go through the judgments and then pass order, then you must respect that
because that will benefit you only
as if he is made to pass order in haste then he may miss out on important points and submissions which the other side can use against you in appeal