Advocate Ashwin Garg

Questions Answered by Advocate Ashwin Garg (25+ answers)

Q: Hi sir my case is pending in supreme court i want to expidite it

Mera sc ma ek case pending ha 2'5year sa how can i expidite it can i go article 32 or 142 please help

Advocate Ashwin Garg answered
You cannot invoke Article 32 or Article 142 merely to seek early hearing of a pending matter. The proper course is to file an Interlocutory Application (IA) in your pending case before the Hon’ble Supreme Court seeking expeditious hearing or early listing.In the IA, you must mention the reason for urgency and the delay that has already occurred. Depending on whether the matter is after notice or pending for admission, the Registry may list it before the Bench for directions.Kindly share the case type and diary/case number to advise you on the appropriate format and grounds for the IA.

Q: How to Object to Repeated Protest Applications in 498a Case

In 498a case chargesheet which was filed over a year ago and in her statement under Sec 91CrPC OP has clearly stated she has no evidence and documents to provide to the IO. Then after 5 months she filed app for further investigation and IO replied to it and again after 5 months filed a protest application. Now again after 6 months she has filed another protest app stating audio and video recordings given by her have not been included by IO in chargesheet though same was not in earlier protest ap

Advocate Ashwin Garg answered
In your case, since the chargesheet has already been filed and the complainant (OP) had earlier stated under Section 91 CrPC that she had no further evidence to provide, her repeated filing of protest applications after long intervals appears to be an afterthought. Once the IO has completed investigation and filed the final report under Section 173(2) CrPC, further investigation can only be directed by the Magistrate if justified and supported by valid reasons.The new protest application introducing fresh audio/video recordings that were never mentioned earlier can be challenged as an abuse of process and an attempt to fill gaps in the prosecution case. You may file a detailed objection before the Magistrate highlighting the delay, inconsistency in her statements, and lack of authenticity or admissibility of the alleged recordings. The court generally does not permit multiple protest applications on the same facts without fresh, bona fide material.Hence, you can strongly oppose the maintainability of this second protest application and request the court to proceed with the case on the already filed chargesheet.

Q: in 498a quashing do we need to attach charge sheet

I want to go for 498a quashing in delhi high court on ground of double jeopardy and forum shopping , jurisdictional issue , malicious prosecution , counter blast , vague allegations, limitation barred, no intent of harassment my around 100 page of evidence are the part of charge sheet. Io stated reason of dispute misunderstanding , charge sheet has around 270 pages . shall i again attach my evidence with quashing petition or judge will call the TCR ? does HC judge usually call TCR?

Advocate Ashwin Garg answered
In a petition for quashing under Section 482 CrPC, you may annex only the essential documents that support your grounds (such as FIR, charge sheet, and key evidence proving malicious intent or jurisdictional defect). Since your entire evidence set is already part of the charge sheet, there is no need to file all 100 pages again. However, you can refer to them in the index or annexure list for easy reference.The Delhi High Court, while hearing a 498A quashing matter, usually calls for the Trial Court Record (TCR) if it feels necessary to verify the material or assess the investigation papers. Initially, most matters are heard on the basis of pleadings and annexures. The court may issue notice to the State and call for TCR later if the case is found fit for detailed consideration.Therefore, file concise and relevant annexures, highlight your main legal grounds, and your counsel may submit that all material evidence already forms part of the charge sheet, which can be examined once the TCR is called by the Hon’ble Court.

Q: Does judge have to explain order or is standard summons order okay

Judge issue order for police investigation. Police are not prosecuting. Complainant still wants to prosecute and continue. Can judge issue Summons on standard Summons Form or does judge have to apply his judicial mind and explain in Summons order his reasoning to summon?

Advocate Ashwin Garg answered
The Magistrate cannot issue summons mechanically or by using a standard form without due application of mind. As per settled law, before issuing process under Section 204 CrPC, the court must record its satisfaction that there are sufficient grounds to proceed. The order of summoning must reflect brief reasons or at least indicate that the Magistrate has examined the material and applied his judicial mind. You may refer to Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) where the Supreme Court emphasized that summoning is a serious matter and cannot be done routinely.

Q: Judge not taking up my Application for Arguments since last 2 Years

I filed application under Sec 91 CrPC 2 years ago but the judge has not taken it up for arguments since last 2 years despite verbal requests and same is pending. He has taken up OP's application which were filed after mine including one under Sec 91 CrPC for arguments but not mine which was filed before her applications. What application/objection could I file for judge to take up my application.

Advocate Ashwin Garg answered
You may file an application for early hearing or priority listing before the same court, requesting that your pending application under Section 91 CrPC be taken up for arguments. Mention clearly in your application that despite repeated oral requests, the matter has not been heard for over two years while subsequent applications of the opposite party have been considered. You can also move a written objection or a “petition for direction” highlighting this procedural irregularity and seeking appropriate orders.If the court still does not list your application, you can approach the supervisory jurisdiction of the District & Sessions Judge under Section 408 CrPC or file a revision petition under Section 397 CrPC before the higher court, praying for direction to decide your pending application expeditiously.