Section 309 & sec 257 crpc as first appearance after 7 months

524 votes

To expedite the first hearing, an Application for Early Hearing (Advance Hearing) should be filed before the learned Magistrate, clearly stating that the seven-month delay poses a real risk of the accused absconding or relocating due to the transferable nature of their banking employment, which may impede effective service of summons and delay justice; since Section 309 CrPC applies only to adjournments during an ongoing inquiry or trial and Section 257 CrPC relates solely to withdrawal of complaints, neither provision is applicable at this stage, and therefore the request must rest on the Magistrate’s inherent discretion guided by the constitutional guarantee of a speedy trial under Article 21 of the Constitution of India; simultaneously, a request should be made to the Investigating Officer to place the accused’s permanent residential address on record to ensure continued and effective service of summons even if the accused changes employment or place of posting.

Advocate Raviteja Sharma LawRato