• Expeditious trial order of HC getting dragged by Defacto / Court

I am a 76 years old lady facing trial along with my son u/s 498A/406 for over 20 years as the case is being dragged by Defacto and recently we moved to HC and got an order for expeditious trial for 6 months but since then on the date of hearing Defacto is filing a petition which is being heard and the next dates are being kept for order and evidence and on the next date most of the times orders are not given but Defacto filed another petition for hearing and this way since that HC order we have spent 10 dates and 5 out of 6 months and all the petitions are irrelevant at this trial stage and Defacto herself has not completed her evidence yet , for example their last petition is based on my 317 petition since 2014 and they challenged my 317 petitions since 2014 in 2025 and according to my trial court Adv the main case has got no ingredients of those two sections ….Now how can we come out of this trap ? Can we move to HC once more now or after completion of 6 months which is one month to go ? What sort of application can we file to HC once more such that they direct trial court to complete the trial barring those irrelevant petitions ? Please advice what can we do now to come out of litigation at the shortest possible time and what we need to do ? We both are going into depression for this which are beyond control as we are ready to face the trial and come out of this prolonged litigation …please advise and help us …
Asked 7 months ago in Criminal Law
Religion: Hindu

9 answers received in 1 day.

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19 Answers

On completion of 6 months move HC and seek orders to direct trial court to hear case on day to day basis 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

- Since, the HC already directs the trial Court to finalize the matter within a period of 6 months then the trial court should comply the same. 

- After completing the 6 months period , you can against approach the HC against the trial Court 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

If the trial court is not disposing the case within the time frame instructed by the high court, then you may once again approach high court with a fresh petition narrating the  entire episodes from the beginning in a brief manner and can even seek high court to quash the proceedings based on the inordinate delay and also on merits as well as the dilatory tactics adopted by the defacto complainant. 

You can consult and discuss with your advocate and proceed as advised.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Looks like the trial court is equally slow in expeditious trial of this case.

Any upright presiding officer of such court would have ignored such frivolous petitions and proceeded with the trial.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

Madam,

It is really very heartening to know the sad working of court. You are suggested to file the quashing petition citing the reason of inordinate delay among other reasons. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can file miscellaneous application in the HC matter to seek directions to the lower court 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Dear client, kindly note the following ,

As the High Court has already directed an expeditious trial within 6 months and there are ongoing delays in view of irrelevant petitions by the de facto complainant, you can move a contempt petition in the HC for non-obedience of its order. Alternatively, you can move a writ petition (e.g., mandamus) in the HC requesting the trial court to conduct the trial strictly within the prescribed time period and to disallow any further frivolous/irrelevant petitions causing delay in the trial. You can also ask the HC to impose costs or penalties on the de facto for abuse of process and wilful delay on their part thereby getting the compensation for the delay. Meet your advocate at once to prepare and file these applications before the 6-month deadline. In the meantime, keep accurate records of every adjournment and non-material petitions filed to aid your cause. Think of getting interim relief for expediting the trial and mental health counselling if necessary.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

  1. You can file a petition in High Court now without waiting for lapse of six months as given the conduct of complainant case is unlikely to be disposed within six month.
  2. You can file contempt petition against complainant as she is trying of disobey the order of High Court by filing irrelevant petitions.
  3. You can request the High Court that you are suffering for twenty years and unlikely to get justice from lower Court, there for High Court should call the  records of case and decide the   High Court has such power to conduct trial and pass judgment.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

You can move the High Court again immediately (no need to wait for the 6-month deadline) and file a fresh application for strict compliance of its expeditious trial order.

✅ Ask HC to:

  • Direct the trial court to conclude the trial within a fixed deadline (e.g., 30 days),

  • Bar irrelevant petitions being filed by the de facto complainant,

  • Clarify that delay tactics should not be entertained.

📌 File: A petition under Article 227 of the Constitution for supervisory jurisdiction or a contempt petition for non-compliance of earlier HC order.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

You may move to Hon'ble High Court once again under Article 227 of the Constitution of India or by filing an appropriate criminal miscellaneous application (section 482 crpc)  bringing to the court’s attention that despite its earlier directions for expeditious trial within six months, the defacto complainant is deliberately abusing process of law by filing irrelevant and belated petitions (such as challenging your 317 CrPC applications from years ago) to delay the proceedings and seek a strict direction to the trial court to proceed with the trial on a day-to-day basis without entertaining further non-trial-related petitions unless absolutely necessary; you should annex a timeline of past dates showing the delay tactics and request the High Court to ensure the trial is completed within a fixed time frame especially considering your old age, prolonged pendency and mental health distress caused by this 20-year-old case.

For any further legal assistance, clarification or to pursue appropriate remedies, please feel free to contact me.

Regards,
Adv. Ajay Kumar Augustine
Advocate, Rajasthan High Court, Jodhpur
Email : adv.ajayaugustinegmailcom

Ajay Kumar Augustine
Advocate, Jodhpur
20 Answers

Don’t file any counter case 

 

it would be separate case altogether 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

No case can be filed as a counter case for this reason. 

If you resort to file any other case against her it will impact this case resulting into further inordinate delay in disposal of the present case. 

Hence don't be misguided by such ideas. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Currently only approaching Hc is good remedy 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Madam,

Try to accomdate the facts of physical and mental harassment in the case which was earlier suggested to be filed i.e. quashing petition. You may also file a contempt petition for the contempt of the previous case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Contact Mr Burman or Mr Ganguly from this website 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Best of luck 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

There are plenty of advocates in this forum who hail from Kolkata and practice in High court.

You may choose one of your taste and engage the services on the terms of the chosen lawyer.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

- No case made out against the Judicial office for delaying the case , except that you can approach the High Court 

- If the case is not finalized within the prescribed period as directed by the high court then you can against approach the high court even for contempt of the Court . 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

 

  • Yes, you can immediately move Calcutta High Court again under Article 227 or Contempt Petition to:

    • Ensure strict compliance of expeditious trial order

    • Bar de facto complainant’s delay tactics and irrelevant petitions

    • Direct trial court to conclude trial within fixed time (e.g., 30 days)

  • You can also file a separate criminal case (privately or via police) for:

    • Mental harassment, false implication, or criminal intimidation under Sections 211, 500, 506 IPC

    • But this will be a separate case, not part of HC matter

  • For an experienced Calcutta HC advocate, consider checking Bar Association listings or ask for personal recommendations from lawyers practicing in Alipore or City Sessions Court.

 

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

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