This is not possible if the date has once been fized. If the court has not fixed and the registry has fixed then it can be done.
moreover, bench hunting is not possible and is illegal.
regards
Prepone hearing date in Delhi High Court in arrest matter
My lawyer in delhi high court has intentionally taken hearing date of more than 6 months(taken money from opposite party)... ..In the matter of arrest and changing of IO in murder case filed write petition on 25 February 2019 and now lawyer has taken for 5 February 2020. Please help me how to get preponed hearing date in the month of August or September 2019 in delhi high court as well as under any specific judge not Mukta Gupta
Asked 5 years ago in Criminal Law
Religion: Hindu
33 Answers
1) you cna change your lawyer
2) make application for production of papers seek early hearing of writ filed by you
1. A "precipe application" can be moved in the Court, "AFTER" giving prior proper notice to all the parties involved in the matter and defining a date to appear in the matter in court.
2. IF the Court Registrar allows it, THEN the precipe application will be allowed. IN your case only the Advocate-on-Record can move such application, unless you change the present Advocate.
You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel.
You need to mention the matter and take a circulation on basis of urgency and satisfy the court
Bench hunting is not possible and unfair practice. Matter will list before judge heading roaster of such nature petitions. IF your advocate has taken such long date,change the advocate.
And file applcaiton for early hearing, if no interim relief granted by court while admitting petition. And if you are sure that that he took money, complain to bar association.
1. In criminal matter taking of such a long date and that too is high court is very unlikely and really unheard of.
2. It is i=not clear whether the case is presently pending and what the present status of the case.
3. if the case is pending in trial court and trial has started then it is not uncommon to give such long date.
4. So get a fair idea of what is going on in your case engage an new advocate after changing the present one.
See firstly you cannot choose the Judge same shall be as per the roster or the court.
For preponing a date a miscellaneous application can filed before the court.
FIR has been ordered by CMM on 18 December 2018, n murderer hasn't arrested yet that's why writ petition filed in Delhi high court for change of agency n arrest of culprit. Police has submitted status report n negative result of dummy test and taken time for poly test(which will also come negative). Can cmm ordered for arrrest? what should we pray from cmm? Please specify miscellaneous application and also "precipe application"....
Asked 5 years ago
No arrest till investigation is pleading and only polcie will arrest. If you have doubt on IO, can request SP to change IO, provision in law.
precipe is filed in court for production of the case papers so that directions can be issued by court
2) 'Miscellaneous Application' means interlocutory application
CMM can issue a Warrent and can order the arrest.
Further an application in main petition seeking direction of early hearing of matter.
Once a FIR of congizable offence is registered no Magistrate passes a separate order for arrest unless specifically asked for by the Police since Police doe snot require separate permission for such arrest.
The writ court though in a petition against police inaction can pass such direction.
You can engage a fresh advocate and ask for early hearing by mentioning the matter before the competent Bench.
Police will arrest. If they don't do you can pray the same in hc. Cmm can order arrest
Dear
High court doesn't give date under the influence of lawyer but writ petitions take time to dispose off.
You can make an application for urgent hearing of writ petition through some other advocate if think that your advocate has joined hands with opposing party.
For taking an advance hearing, you may have to first change your lawyer, obtain NOC from this lawyer and engage another lawyer and apprise him of the situation and ask him to file a petition with the registry for advance hearing, if permitted you may proceed.
In the murder case the police have to arrest the accused if there is no anticipatory bail obtained by him.
Since you have filed a writ petition (do not know for what reason?) requesting for arrest of the accused and the same is pending you may have to wait for the outcome of the same,.
- As per the information mentioned in the present query, makes it clear that there has been some foreplay between the parties and police officials also.
- Yes, there has been a way of filing of an application for early hearing.
- But, you need to show us the whole case reports submitted by the police.
- As early hearing application can only be allowed if there is something grave injustice is going to be caused to the aggrieved party otherwise it will be dismissed.
- And yes, you can get it listed before another bench when roaster gets changed.
Filed writ petition in delhi high court for change of investigating agency(police). And delhi high court transferred the case to crime branch. FIR has been done under 156(3) by CMM of delhi district court(cognizable offence- murder). please help how file will be transferred to crime branch by high court or by IO or by district court(CMM).What should we do for prompt investigation so that crime branch start investigation early and we should say for arrest of murderer through crime branch or crime branch arrest them on their own accord
Asked 4 years ago
It is possible that the accused has applied for anticipatory bail and s obtained an interim order not to arrest him till the bail matter is heard by the Court. Also, the crime branch may arrest him when they start investigation.
It will be internally transferred after the order of the court. You can do follow up for the same with concerned department.
The police shall handover the documente and file to.police . See now order of court is there they shall as per there procedure complete the investigation also in case of any irregularity you can file petition before high court.
On basis of certified copy of HC order the file would be transferred to crime branch
2) on next date of hearing file certified copy of order with CMM
It is an internal process and will take place internally
However, if the same is not done for a considerable period of time then you may move an application for further direction
Court will send it to crime branch. Do not bother, take copy of order to crime branch. Investigation officer may have already appointed.
Now CB wing cannot avoid investigation.
You may first obtain the certified copy of the orders passed b y the high court, take it to the concerned police department and approach them for a speedy action on the complaint.
They will obtain the records through their own sources.
You can send a letter to SP regarding delay in Investigation by crime branch.
Case transferred to the Delhi crime branch in October 2019 by the high court order. But still, no action was taken by the crime branch, under section 302, the cognizable offence has no arrest, not applied for bail. As under 156(3), the CMM Delhi district court ordered for FIR, deny for initial arrest (Lalita kumari vs State) but later if the offence was done then arrest should be made. As he is an influential person(DDG).Please suggest what to do regarding arrest or should challenge FIR, to make the arrest possible. From the date of incident Aust 2016 till today lingering arrest. There is strong evidence for proving them culprit as in PM report fall from height 2:17 A.M. but the culprit saying the whole incident happened at 7 A.M. in the morning as no eye witness.
Asked 4 years ago
It is only 2 months since case was transferred to crime branch
wait for investigations to be completed by crime branch
If there is a direction by high court to initiate steps in this regard then the law will take its own course of action.
To arrest the accused is the duty of the police.
You may insist on the police to take action to arrest or file a petition before the trial court apprehending your fears against the free roaming of the accused to harm the complainant or damage the witness or destroy the evidence if not arrested hence a direction to the police may be passed to arrest the accused immediately.
You may discuss with your advocate and proceed based on his advise on the basis of the prevailing circumstances.
You can file a petition before the concerned magistrate having jurisdiction and make a prayer for calling for a report on the progress of investigation.
Meet the officer with the Crime Branch officer with the order of the court and seek information.
You can send application under RTI Act as well seeking necessary information.
If the investigating agency still sits idle over the matter you can file another writ petition against its inaction.
File application in court to summon progress report.
You can seek the information through RTI. You can also file miscl application in HC for seeking action bas per the HC order
See as Far as arrest is concerned see if he trying to run or escape or destroy evidence then you can file.petjrion before high court to.give direction for same if police is not taking action.
Otherwise.if he appearing before lower court and police will.file charge sheet and trial shall commence.
First write a letter to Delhi Crime Branch with regards to the status of the case and if you do not receive any reply then you may file an application for getting the status report of the case from the court of JM and thereafter you may move to the HC again.
Regards