in a cc case 319 crpc detailed answer required interested only answer

814 votes

Yes. You can file an application under Section 309 Cr.P.C. at the next hearing seeking expeditious disposal, particularly where the main C.C. case has been pending since 2021 and the Section 319 Cr.P.C. petition has been repeatedly adjourned. The court may restrict unnecessary adjournments and proceed in accordance with law, subject to giving both sides a fair opportunity.

Advocate Ravindra Anjaneyulu LawRato

559 votes

The court cannot keep adjourning the case indefinitely just because the other side is delaying. Here is what you can do: File an Expedite Petition under Section 309 Cr.P.C.: Submit an application in the next hearing asking the magistrate to stop giving further dates, impose heavy fines on the respondent for time-wasting, or close their chance to argue and pass orders directly. Ask Court to Forfeit Their Right: Request the judge to note in the case record that the opposite party is deliberately delaying, and decide your Section 319 petition based on your arguments alone. Move to the High Court: If the trial court still keeps postponing, you can approach the High Court under Section 482 Cr.P.C. to get an order directing the lower court to wrap up the petition and trial within a strict deadline. You should share the daily order sheets of the recent hearings so the right application can be drafted to stop these delays immediately.

Advocate Mrudhula Jahnavi LawRato

905 votes

Namaste Your concern is well founded and the short answer is no a petition under Section 319 CrPC cannot be allowed to hang indefinitely on adjournments sought by the other side Two points work strongly in your favour First an enquiry under Section 319 is not a trial within a trial The Supreme Court in Hardeep Singh versus State of Punjab held that the court forms its satisfaction only on the evidence already recorded before it and that the proposed accused has no right of audience at that stage So if the respondent side is the person sought to be summoned their repeated requests for time have no legal basis at all and the court is not bound to indulge them If they are already on record as accused they can address the court but on the existing evidence which needs one effective hearing and not months Second and this is your best argument the Constitution Bench in Sukhpal Singh Khaira versus State of Punjab held that the power under Section 319 must be exercised before the trial concludes Delay therefore does not merely postpone relief it risks destroying the power itself That gives the court a compelling reason to take up your petition on priority On procedure do not make an oral request File a written memo or application invoking Section 309 CrPC Set out in a simple chart every date since May 2026 who sought the adjournment and the reason recorded Pray that the Criminal Miscellaneous Petition be heard from day to day and disposed of and that further adjournments if any be granted only on payment of costs Section 309 itself contemplates costs and the Supreme Court has repeatedly deprecated routine adjournments in Noor Mohammed versus Jethanand and Vinod Kumar versus State of Punjab Also point out that a Calendar Case of 2021 is already nine years old in terms of Article 21 and the right to speedy trial If the trial court still does not act after one or two such attempts your remedy is a petition before the High Court under Section 482 CrPC read with Article 227 seeking a direction to dispose of the Criminal Miscellaneous Petition within a fixed time frame High Courts grant such directions where the record shows an unbroken chain of adjournments at one partys instance One clarification on the law Since the Calendar Case is of 2021 the CrPC continues to govern the trial by virtue of the saving provision in Section 531 BNSS The corresponding new provisions are Sections 346 and 358 BNSS and it is safer to cite both sets To advise you more precisely I would need to know whether you are the complainant or an accused on record whether the prosecution evidence has been closed the offences involved and whether the court has actually been recording reasons for each adjournment in the order sheet.

Advocate Naresh Gaddapati LawRato

673 votes

Under Section 309 of the CrPC, the mandate is clear: proceedings must be held expeditiously, and once witness examination begins, the trial should proceed day-to-day. The opposite party cannot be permitted to cause indefinite delays through repeated adjournments, as this defeats the right to a speedy trial. An application should be moved before the learned Magistrate citing Section 309 CrPC and relevant High Court guidelines on delay reduction, praying to close the respondent's opportunity for arguments if they fail to address the Court on the next date of hearing. But usually Courts drag the process due to overburdened work loads. Just try and it's based on your luck.

Advocate Dasari Meher Hemanth LawRato