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What is the procedure for speedy disposal orders from High Court.


23-Feb-2023 (In Criminal Law)
Case is filled u/s 506&509.Case is under trail from 28.DEC.2015.Fake case filled due to influence of her parents.The petitioner parents are dragging the case intentionally by keeping many number of witness.Influencing court constable not to give summons.They are using all loop holes to drag the case.Petitioner-6Vayidas,PW2-3vayidas,PW3-6vayidas to attend court.PW4,PW5,PW6,PW7 yet to be crossexamined.When we ask lawyer about this he is saying "they had option to drag so they do it".When we question court constable he is saying "what we would do if they are not talking summons".Is there any way to get case disposed soon?Please let me know in detail.THANK YOU.
Answers (2)

Answer #1
794 votes
In Hussainara Khatoon v. State of Bihar2 which formed the basis of the concept of the Speedy Trial, it was held that where under trial prisoners have been in jail for duration longer than prescribed, if convicted, their detention in jail is totally unjustified and in violation to fundamental rights under article 21. Inordinate delays violates article 21 of the constitution: for more than 11 yrs the trial is pending without any progress for no faults of the accused-petitioner. Expeditious rights is a basic right to everybody and cannot be trampled upon unless any of the parties can be accused of the delay. Delay in trial unnecessarily confers a right upon the accused to apply for bail. Under sec. 482 read with 483, Cr. P.C lays that every possible measure to be taken to dispose off the case within 6months from today. No adjournments to be granted until and unless circumstances are beyond the control of judiciary. It is the responsibility of the judiciary to keep a check on under trial prisoners and bring them to trial. Overcrowded courts, inadequate resources, fiscal deficiency cannot be the reasons for deprivation of a person.

Article 21 Of The Constitution:
This right is implicit in article 14, 19(1) (a) and 21 of the constitution as well as the CPC.
It is the constitutional obligation of the government to devise such procedures as would ensure and implement speedy trial. Supreme Court being majestic authority has to act as guardian of fundamental rights of citizens

Purpose of Criminal Justice:
The main purpose of speedy trial is to safeguard the innocent from undue punishments but due to huge amount of cases pending in the courts cases are delayed unintentionally which creates mental and economic pressure on litigants.

Right To Speedy Trial in Criminal Cases:
Fundamental rights are not teasing illusions but are meant to be enforced effectively. Thus in many cases, now the court has decided to quash the proceedings so as to achieve justice, not just individual justice but also social justice.

In the case Katar Singh v. State of Punjab3 it was declared that right to speedy trial is an essential part of fundamental right to life and liberty. In the case Abdul Rahman Antulay v. R.S. Nayak4, the bench declared certain aspects and guidelines regarding the speedy trial and quashing of cases should depend upon nature of the case.



Hence it can be concluded that: Right to speedy trial is right of the accused and it encompasses all the stages namely, investigation, inquiry, trial, appeal, revision and retrial.
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Answer #2
783 votes
please file a petition under section 482 of the criminal procedure code for getting direction from the high court to the lower for speedy disposal of the case and you can direct the lower by through high court for disposal in specific period of time
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