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cc case 319 crpc detailed answer required interested answer
16-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
Yes. Where a Crl.M.P. under Section 319 Cr.P.C. has remained pending since May 2026 only for respondent-side arguments/enquiry and repeated adjournments are being sought, particularly when the main C.C. itself is pending since 2021, the complainant/prosecution may file an application under Section 309 Cr.P.C. seeking expeditious hearing and opposing further unnecessary adjournments. The Court can be requested to record that repeated adjournments should not defeat the object of Section 309 Cr.P.C., and to fix a short, definite schedule for respondent-side arguments and thereafter decide the Section 319 application, subject to the Court's discretion and the principles of natural justice.
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You can mention:
The main C.C. case has remained pending since 2021.
The Section 319 application has remained pending since May 2026.
The matter has repeatedly been adjourned at the instance/request of the respondent.
The applicant has no objection to the respondent being given a reasonable opportunity to argue.
However, repeated and indefinite adjournments defeat the object of speedy disposal.
The Court may therefore fix a short and definite date/time schedule for respondent arguments and thereafter decide the pending application.
Further adjournment, if sought, may be granted only upon sufficient cause and in accordance with the applicable procedural provision.
The Supreme Court has specifically criticized adjournments granted merely for the convenience of counsel and stressed compliance with the statutory requirement of expeditious proceedings. �
Sci API
One important caution: because your Section 319 application is from 2026, I would have the drafting checked for whether the prayer should cite Section 309 Cr.P.C., Section 346 BNSS, or both with an appropriate saving-clause explanation. The 2021 pendency of the C.C. does not automatically mean every subsequent application filed in 2026 is governed by the old Cr.P.C.
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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for expeditious hearing of your case hm application under code of criminal procedure,won't give you any good results, for this you need to final rate petition in High Court either to stay the case and dismiss the case along with an application to expedite the process
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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You’re posting this for the second time I’m guessing,
Anyway if the IA or MA is an important application then in that case the court needs to hear that first and simultaneously go ahead with the main proceeding..
You can approach the court or the higher authority depending on the sections and the case in hand and get the current court an order to be followed.. yes it’s a long time since 2021 but I have seen cases pending since 2003 and 2004 even before
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Adv. Parth S Barot
Adv. Parth S Barot
Mumbai | 5+ Answers
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You may be pressed for no argument against the Respondent as it's been pending for a long time. If you are an accused apply for dismissal before the court for want of the prosecution. 309 CrPC is not a remedy.
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Adv. Madhura Athalye
Adv. Madhura Athalye
Pune | 5+ Answers
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