Legal Question in Criminal Law in India
delay in starting trial
a criminal case is pending for more than 23 years.charges have not yet been framed.the instrutions to start trial were not adhered to.as judge pointed out ,accused, prosecution, and system were responsible for this.3 out of10 accused are no more.some of the main witnesses are also no more many of the witnesses retired and their official addresses only known.oneaccused wants 2 summon documents from bank when trial starts but rules say banks need preserve documents for 12 years only. under these circumstances how can the accused defend the case properly .any chance for quashing at high court or supreme court? in this case not a single paise is lost to the government one important witness of the defence died years back. how can the witnesses remember things happened 23 years back?can the accused get justice?as the trial is not over as per direction whether prosecution needs permission to start trial now?
4 Answers from Attorneys
Re: delay in starting trial
its better if you file a petition for quashing of the f.i.r as in the present circumstances where the charge sheet has not been filed since 23 years, no useful purpose would be served prolonging the case. best of luck
Re: delay in starting trial
Justice is given by the Court.
No permission required to start trial.
Demise of accused or witnesses have no effect on the trial.
Non-availability of document also have no effect on the trial.
However, benefit of all these will be available only to the accused and not the prosecution.
Re: delay in starting trial
depends on court's view and judgement/order.
Re: delay in starting trial
You should try seeking quashing of the proceedings before the High Court by including/annexing ALL THE ZIMINI orders passed by the trial court during these 23 years.
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