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

Question

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

03-Oct-2026 (In Criminal Law)

Crl.M.P. of 2026 filed under Section 319 Cr.P.C. remains pending for respondent-side arguments/enquiry since may 2026 , which is 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 for expeditious disposal and in accordance with Section 309 Cr.P.C, to what will judge do, opinions

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Advocate Atanu Patra LawRato · Accepted Answer · 2026-10-05T11:44:16+05:30

Answer #1

In my considered view, repeated adjournments cannot be claimed as a matter of right, particularly when the main C.C. case is pending since 2021 and the Crl.M.P. under Section 319 Cr.P.C. has been pending since May 2026. The petitioner may seek expeditious disposal under Section 309 Cr.P.C. by bringing the repeated adjournments to the Court’s notice. The Court may refuse unnecessary adjournments, impose appropriate costs and fix a short date for hearing. However, reasonable opportunity of hearing must be preserved. If repeated adjournments continue despite sufficient opportunity, the Court can proceed in accordance with law and endeavour to dispose of the application expeditiously. A prayer for time-bound hearing would therefore be appropriate.

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