Complain to HC against no order being passed by judge in Nanded inspire of 15 dates having passed for orders
Misc Cri Application Order pending from long
My wife has filed a Miscellaneous Criminal Application in the court of Nanded Maharashtra against 7 people for a forged signature of her late father on a property bond. Also along filed the signature analysis report from a private handwriting expert whose report confirms the signature is forged. Right before this petition was filed an FIR was registered on 2 out of those 7 for forcefully trying to acquire the property & causing minor injuries to my wife while doing so & now the chargesheet is also filed in court. In the Misc Cri Appl case, the judge did ask for police report for verification which did mention such incident & such acts done. The Misc Cri Appl was filed in May 2023 & Police report was seeked in Oct 2023. It’s since been reserved for order & around 14-15 dates have passed. Atleast a dozen times my wife/counsellor has appeared praying for the order. What remedy or submission can my wife seek in this Cri Appl case?
Asked 1 year ago in Criminal Law
Religion: Hindu
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6 Answers
- If the police official has already filed its report before the said Court , then the Court is under obligation to pass order after hearing the argument on that application.
- If the Court is delaying the matter , then you can approach the High Court for directing to finalize the case within a fixed time.
Your advocate can put pressure on the court for disposal by filing a memo to this effect.
If that also do not fetch you fruitful result, you may file a petition before high court seeking direction for an expeditious disposal.
Dear Client,
In this condition,i would like to suggest you that,
In the case of Miscellaneous Criminal Application, your wife can make a written submission under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) for expeditious disposal of the case. She would emphasize the point that though in the police report it has been corroborated that the incident did take place, and even in the expert's report, it was also established that it is a forged signature, and yet the case has been reserved for an order for a pretty long time and no justification for it, and therefore affects the administration of justice. By exercising the inherent powers of the court, she can ask the judge to pass such an order at an earliest date possible. The other ground is excessive delay that bypasses the principles of a fair trial and speedy justice, which are violative of Article 21 of the Constitution. If the delay continues for a long period, she may also seek redress from the High Court under a writ petition to expedite her proceedings.
Thank you.Hope this answers your query.
File a writ petition before the high court against police inaction. It will give you desired result.
Dear Sir,
You may approach administrative head of such court to give a direction to pass orders immediately. The trial judges cannot postpone the judgment for more than once. Further you may approach High Court and get a direction to dispose the above case immediately.
