criminal case cc case magistrate court

546 votes

You can file an application under section 309 for asking the reasons for adjournment and request the opposite party to give the reasons in writing for taking and adjournment and asking for non reasonable delay. If the adjournment is granted in includes in appropriate cases the payment of costs by the opposite party.

Advocate Shradha Maheshwari LawRato

1000 votes

Yes, such a request can be made before the trial court. Under Code of Criminal Procedure, 1973 Section 309, the court has the power to regulate adjournments and it specifically provides that proceedings should be continued from day-to-day once examination of witnesses has begun and that adjournments should not be granted routinely. Courts are also empowered to record reasons for granting adjournments and may impose costs where a party seeks unnecessary delay. In a private complaint case that has remained pending for several years, you may file an application before the Magistrate requesting that the court strictly apply Section 309 and require the opposite party to show specific and sufficient reasons whenever an adjournment is sought. You may also request the court to record reasons for any adjournment granted and to impose appropriate costs in case the adjournment appears unnecessary or intended to delay the proceedings. While filing such an application is legally permissible, the decision to grant or refuse adjournment ultimately remains within the discretion of the trial court. Courts generally consider factors such as fairness of the trial, availability of witnesses, and genuine difficulties faced by either party. Therefore, the application should be framed as a request for expeditious trial and avoidance of unnecessary adjournments rather than as an attempt to restrict the court’s discretion. If the delay continues despite such requests, another available remedy is to approach the High Court seeking directions for expeditious disposal of the case. Courts often issue such directions where proceedings have been pending for an unduly long period. Accordingly, you may file a short application before the Magistrate invoking Section 309 CrPC requesting that adjournments be granted only for sufficient cause, that reasons be recorded, and that costs be imposed where adjournments are sought merely to delay the proceedings.

Advocate Yuganshu Sharma LawRato

746 votes

Filing a petition under Section 309 CrPC in your six-year-old private complaint case is permissible and advisable. we can invoke the court’s power to direct the opposite party to provide specific, recorded reasons for any adjournment sought, curbing mechanical delays. Sub-section (2), Explanation 2 expressly allows imposing costs if granted without justification.[devgan] Delhi High Court and Supreme Court precedents endorse this to enforce speedy trials under Article 21. Proceed promptly by annexing the case history to demonstrate prejudice from protracted delays. Success hinges on this evidentiary foundation, aligning with CrPC practice.

Advocate Sourav Sharma LawRato

638 votes

hello sir if you request the hon, ble court and give a reasonable reason then they do not impose any cost and they give you adjournment and if your reason is not sufficient to take adjournment then court imposes fine up to 10k for your adjournment. sir

Advocate Sakshi Mishra LawRato

732 votes

section 309 CRPC can only be filed at the stage of examination of witnesses when present. if witnesses are present section 309 can be invoked for day to day hearing of the case should you have any queries please feel free to contact me.

Advocate Kunal Seth LawRato