- A charge sheet is only the report of investigation, which the accused can challenge and disprove in Court, therefore the Court has to adjudicate your claim through trial, taking evidence of both the sides and hearing arguments.
- You have very valid ground to seek speedy justice. File a writ in High Court seeking disposal of you civil case in time bound manner within 90 days.
- Court is not supposed to take note of emails or any communication through post to it.
- It is your fundamental right and you can file writ in High Court.
- Criminal Court will conduct trial with regard to offence of change in poa. Civil Court will decide case of recovery of property, delivery to it to you and payment of compensation by accused to you.
- Your submission can be framed in a simple format, instruct your lawyer, he will do it.
What remedy I have to get my property back before my death
16 months ago my lawyer filed in application for restoration of my ancestral property taken over by some fraudsters by changing poa. Police completed investigation and filed a charge sheet in criminal court a certified true copy of this was filed the Civil Judge hearing my application. My questions 1. Is this not enough for the judge to prounce his judgement 2. I am an 80 yr old sick person, need speedy judgement so i die in my ancestral property. 3. I sent an email to Judge "A submission of a 80 yr old sick person for speedy judgement". He seem to have ignored. What else I should do. 4. can i not file a writ petition to high court saying that my fundamental rights are being ignored by the judge as a Senior citizen is bound to receive speedy trial. 5 Do the judge have to conduct a separate tiral, of the case in his civil despite have a copy of criminal charge sheet with report of Forensic Lab with him. 6. How to make Judge read above and my submission. Is there a format for the Senior Citizen to make his appeal.
Asked 3 years ago in Constitutional Law
12 Answers
You can seek expedited hearing as you are senior citizen
2) you can file application in HC seek expedited hearing as you are senior citizen
3) separate civil trial would be conducted
4) you cannot send email directly to judge
Hi,
You can move an application under article 227 of the Constitution of India before the honourable High Court in order to get the matter resolved in an expeditious manner.
regards
Hi, There is procedure to be followed for trail and through that process only you can adjudicate the dispute.
1. A decision in a criminal case is not binding on a civil court, and the Civil court is bound to conduct trial , and hence only after submitting the charge sheet in the civil court , the court cannot pronounce its judgement.
2. Yes, you can move an application for speedy trail of the case filed by you in the court and even you can approach the High Court for getting direction to conduct the trial of the case within a specified time period on the ground of senior citizen.
3. As reply no. 2
4. Better firstly move an application before the trial court for speedy trial on the ground of senior citizen , as the court is bound for giving very short dates to a senior citizen person.
5. Yes. However it will benefited to get relief in your favour.
6. Just move an application before the said court where you have filed the suit/case.
1. Yes
2. You can get it by submitting the court for speedy trial
3. You can file and application in court
4. You can
5. No
5. Vide application
1. By just filing of charge sheet by the police the court will not conclude about the case, it will undergo the process of law by conducting the trial and at the end of trial if the accused is found guilty then the court may convict him and pass sentence accordingly.
2. For getting back the ancestral property you should have filed the civil suit for recovery of possession of property simultaneously.
3. No such emails will be entertained by the court.
The court will proceed with the case as per procedure of law alone.
4. Your imaginary concepts do not find place in law, hence non writ petition is maintainable.
5. The court will follow the procedures of law.
6.No.
.
Please repeat you reply to following question at email id [deleted] (not at hotmail no) What remedy I have to get my property back before my death 16 months ago my lawyer filed in application for restoration of my ancestral property taken over by some fraudsters by changing poa. Police completed investigation and filed a charge sheet in criminal court a certified true copy of this was filed the Civil Judge hearing my application. My questions 1. Is this not enough for the judge to prounce his judgement 2. I am an 80 yr old sick person, need speedy judgement so i die in my ancestral property. 3. I sent an email to Judge "A submission of a 80 yr old sick person for speedy judgement". He seem to have ignored. What else I should do. 4. can i not file a writ petition to high court saying that my fundamental rights are being ignored by the judge as a Senior citizen is bound to receive speedy trial. 5 Do the judge have to conduct a separate tiral, of the case in his civil despite have a copy of criminal charge sheet with report of Forensic Lab with him. 6. How to make Judge read above and my submission. Is there a format for the Senior Citizen to make his appeal.
Asked 3 years ago
Make application for expedited hearing as you are senior citizen
separate civil trial would be conducted
you cannot send emails to judges
My suggestions are mentioned earlier , and it cannot be emailed directly as per rule of this website.
Dear Client,
The right to Speedy Trial by a Senior Citizen is implicit in article 14, 19(1) (a) and 21 of the constitution , and also in the Civil Procedure Code. Senior citizens may be given priority in court.So, you may go ahead with your appeal in High Court.
One basic requirement of a fair trial in criminal jurisprudence is to give precise information to the accused as to the accusation against him.The second is on a police report, which evidently is the case of a cognizable offence when the police have completed their investigation.They denied the charges framed against them and claimed for trial.Although it is a lengthy process, it is required for evidence to be relevant in the court. The continuity of possession of evidence or custody of evidence and its movement and location from the point of discovery and recovery (at the scene of a crime or from a person), to its transport to the laboratory for examination and until the time it is allowed and admitted in the court, is known as the chain of custody or chain of evidence.
Thanks & Regards
1. The police filed the criminal case to punish the accused on the basis of your criminal complaint with them.
The police cannot retrieve your property.
The judge will go by the case before the court and would not travel beyond that to provide you the relief you hve not sought for.
For retrieving possession of your property you should have filed a suit for recovery of possession before a civil court and not through this criminal complaint through police.
2. Your sentimental; issues may not find an answer in law.
3. The courts do not entertain such emails, this email would not even attract the attention of concerned judge, so the hopes for a reply is nothing but a waste of time, instead, you could have approached the court through your advocate for relief.
4. No such writ petition is maintainable, the high court will direct you to approach appropriate subordinate civil court for reliefs sought.
5. Yes, it is a civil matter.
6. You better observe the process of law through an advocate instead of making such statements which won't fetch you any benefit.
You follow up the said case. Writ petition generally works when there is no alternative remedy. Still you can try you luck in writ Jurisdiction