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My sister was Kidnap case filed case against accused but no progress
07-Oct-2023 (In Criminal Law)
On 3rd march My Sister(17 Yrs) was kidnapped and compel to marriage and very harassed .he (accused)said if she was not accept for marriage he will murder her and he will die. she was planned and reached home and log a case under section 366 & 506 On 22nd April. in this police team done a very good job immediately investigated and submitted the charge sheet on AJFMC Court narsipatnam. Now the court is saying it's not trail here have to committal and send to session court. But from June to now there is no progress on case so please tell have have to do for early trail n Verdict.Thanks in Advance.
What is the reason for the case not being in progress in the sessions court? Is the judge on transfer or the defense counsel taking adjournments? If the judge is there and the case is not progressing, you can through the help of PP, ask the judge to expediate the process of trial. If not, file a petition in high court for speedy trial and get the relief.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
Only sessions court has the power to commit trial as the case is that of the minor(kidnapping, abduction and forcible marriage).
if the sessions court has not listed the case, you can submit a motion petition in District court and ask the court to list it(in all likelihood the public prosecutor has aligned himself with the accused and hence the delay in your case)
Only sessions court has the power to commit trial as the case is that of the minor(kidnapping, abduction and forcible marriage).
if the sessions court has not listed the case, you can submit a motion petition in District court and ask the court to list it(in all likelihood the public prosecutor has aligned himself with the accused and hence the delay in your case)
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.
The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016. Good Luck
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016. Good Luck
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
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Adv. Sameer Hussain
Hyderabad | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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