Why Warrant has not been issued to secure his presence?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Cheating case - police at the side of accused - delaying the case
A cheater cheated more than 13 lacs. While registering the complaint, the police registered the FIR only after a long struggle that too after the direction from the High Court to do so. After that the one side police charge sheeted and filed the case yet again after a long struggle by sending shoot of petitions to all the higher officials in the department (even the prime minister and the human rights commission were approached). It took more than One and Half Years to make the police registered the case in the Court. Even after filing the case, the police is protracting the case as usual. Now, it is more than 8 months passed. Yet the service of the notice is still pending. The judge is adjourning the case for the fourth time for the service of notice to the accused. The Inspector of Police is the petitioner in the case. But he is in favour of the accused, In this juncture, how can I believe the petitioner? What should I do to conduct the case successfully and without further delay? Can any expert advise me / help me?
Asked 4 years ago in Criminal Law
Religion: Hindu
17 Answers
You can approach high court for issuing a direction to lower court for speedy trial of the case, by stating all facts and circumstances of the case.
1. Well, after the submission of charge sheet the accused person if does not appear and participate in the trial the court is free to issue warrant of arrest.
2. However before this the court is to be satisfied with the service of notice to the accused person.
3. As long as service is not complete the court can not proceed further. It is not clear what is the reason of non service of notice.
4. Anyway remain present in the court to witness the progress of the case and engage a private advocate to keep track of the case and take proactive participation in the same.
5. To expedite the trial you can fie revision in high court for speedy trial of the case.
In case police is not taking action in this case you need to file a mandamus writ petition in High court for the direction to police to file charge sheet or final report in the court.
Your further actions will be based on the police report.
Expertise of an advocate also the reason for speedy trial. If the charge sheet is filed agasint the accused than why bother, if he will not appear in court, his bail will cancel. Hire some good local lawyer who will press for urgent hearing.
And criminal trial takes times, - charge argument than evidence than final argument.
1) criminal cases take 10 years to be disposed of
2) if notice has not been served upon accused draw attention of trail court to police inaction in serving notice to accused inspite of number of dates in the matter
1. Thru a Lawyer, file a "intervene application or a assist-to-court application", wherein you can address the court, and object for the delay and even produce relevant documentary evidences.
See you can approach the high court to get the direction for change of investigation and IO in the case.
Dear,
First change your lawyer and appoint good criminal lawyer.
After this do every possible thing for successful notice served to that accused,
so can court proceedings move further.
If police is not help you, again reach high court for direction.
Hi
Be proactive and get the summons dispatched and served on the Accused.
Appraise the Court about your grievance by way of filing an petition, inspite of he same, if there is delay, approach High Court seeking direction by giving list of dates of hearing.
You need to file a writ petition for fresh investigation after transfer of the said investigation to independent agency.
Hello,
You may approach the DJ and ask him to transfer the case to another court with a direction that unnecessary adjournments be not given to the other party.
Regards
you can file A writ petition in high court, Court will issue directions to Investigation officer.
you should file a petition before high court for fair investigation directions.
High court will notice to police
You can file an application before illaqa magistrate for monitoring of the case.
You can ask your Advocate to make an application in trail court for issuance of non bailable warrant if accused on ground of his absence from court.
Also file a petition before High court for making the trail case time bound and give direction to lower court to dispose The case in particular period.
Hi,
You may file the protest petition against the police mentioning the facts and pray for the intervention of the court for interest of justice.
The police might have colluded with the accused hence they are reluctant to initiate proper legal steps in this regard.
Let them first submit charge sheet to court, after that the summons will reach the accused, in case there is no progress in the case in the court after filing of charge sheet, you may file an application before the same court for issuing warrant to the accused if he is still evasive.
