Legal Question in Criminal Law in India

delay in starting trial

case is pending for 23years charges not yet framed delay due to accused prosecution and judiciary any judgements quashing fir or chargesheet if charges are not framed even after 23 years?to support sec482


Asked on 2/09/09, 12:17 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: delay in starting trial

you can file a petition in the high court and delay of 23 years is itself a ground for quashing the f.i.r.

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Answered on 2/09/09, 11:59 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: delay in starting trial

If delay is not attributable to accused, then he can approach for quashing. However, in cases of serious offences, delay is not the ground for quashing.

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Answered on 2/09/09, 2:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: delay in starting trial

It has been repeatedly held by the Supreme Court that an accused is entitled to fair and speedy trial. You may need to obtain a copy of all the 'zimni orders' for analysing the grounds of adjournments of the case; and on that basis try to invoke jurisdiction of the High Court u/s 482 for quashing of proceedings.

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Answered on 2/09/09, 6:37 am
pramod kumarojha advocatepramodkumarojha

Re: delay in starting trial

yes upon sole ground u can file a case for quashing the prosecution case. there are several judgement and orders are available. ask your advocate.

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Answered on 2/09/09, 7:31 am


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