cc case 319 crpc detailed answer required interested answer

Question

cc case 319 crpc detailed answer required interested answer

08-Sep-2026 (In Criminal Law)

When Crl.M.P. of 2026 filed under Section 319 Cr.P.C. has remained pending for respondent-side arguments/enquiry since may 2026 and has been repeatedly adjourned at the request of the respondent side, while the main C.C. case of 2021 has itself been pending since the year 2021, whether the proceedings can be permitted to remain indefinitely pending by repeated adjournments, or filing 309 crpc in next hearing in the interest of expeditious disposal and in accordance with Section 309 Cr.P.C.,

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Adv. Madhvi Chopra Adv. Madhvi Chopra

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Advocate Rajeev Kumar LawRato · Accepted Answer · 2026-09-08T12:04:44+05:30

Answer #2

The repeated adjournments in a Section 319 Cr.P.C. application cannot be permitted to continue indefinitely, particularly when the main complaint case itself has been pending since 2021. Section 309 Cr.P.C. requires the Court to proceed with the inquiry/trial as expeditiously as possible and discourages unnecessary adjournments. If the respondent has repeatedly sought adjournments despite having sufficient opportunity to argue, the applicant may strongly oppose any further adjournment and request the Court to decide the Section 319 application within a fixed/short time. An application under Section 309 Cr.P.C. may also be moved seeking expeditious disposal, specifically mentioning the prolonged pendency and repeated adjournments. However, the Court may grant a reasonable opportunity of hearing where legally necessary, so the relief would depend upon the facts, previous orders and reasons recorded for the adjournments.

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2026-09-08T13:26:42+05:30

Answer #3

I would rather advise you to move to the Hon'ble High Court to get the directions for a time bound disposal of the case/ application pending before the Ld. Trial Court. As it appears from your query that the Ld. Trial Court is simply adjourning the matter without any cogent reason.

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Advocate Rahul Kumar LawRato · Accepted Answer · 2026-09-08T14:29:32+05:30

Answer #4

The main case has already been pending since 2021 and the 319 application has been pending since May 2026. Repeated adjournments by the respondent side should not be allowed to delay the matter indefinitely. Kindly take up the application in the next hearing and decide it at the earliest.

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Advocate Kanav Gupta LawRato · Accepted Answer · 2026-09-08T17:19:40+05:30

Answer #5

Yes you can file application u/s 309, but the same might be not be entertained by the Honble Court. This will depend on how many adjournments have been sought by the other side and on what ground. Blanketly saying that application will do your work or application will be dismissed is not possible without knowing actual facts.

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