criminal case cc case magistrate court

948 votes

Detail the Delay: In your petition, include a table or list of the last several dates of hearing and the specific reasons provided (or lack thereof) for those adjournments. Cite Section 309 Explanations: Specifically mention Explanation 2 to justify your request for costs. Request a Timeline: Ask the Hon'ble Court to set a fixed schedule for the remaining stages of the trial (e.g., cross-examination of witnesses

Advocate Shubham Agarwal LawRato

924 votes

Yes, you may move an appropriate application before the Trial Court invoking Section 309 CrPC. The provision clearly states that once the examination of witnesses has begun, the proceedings should continue on a day-to-day basis and adjournments should not be granted unnecessarily unless sufficient reasons are recorded by the Court. If the opposite party is repeatedly seeking adjournments without valid grounds, you can request the Hon’ble Court to direct that any request for adjournment must disclose specific and sufficient reasons. You may also pray that reasonable costs be imposed in case adjournment is granted, so as to prevent delay and ensure expeditious disposal of the matter. Since your complaint case has already been pending for a long period, the Court has the discretion to regulate the proceedings and discourage unnecessary delays. The exact approach will depend upon the stage of the case and the conduct of the parties during the proceedings.

Advocate Atanu Patra LawRato