Legal Question in Criminal Law in India

non- taking decision by trial court even if revision admission stage

case under section 138 NIAct,On 9.12.2004 after completing arguments by both the sides and even submitting written arguments by complainant,an application(dismissed by trial court vide its order 4.2.05 and nextdate for decision 26.2.05)was submitted by the accused for cross examination of accused himself with an affidavit that the amount has already been given to manager of complainant (complainant being Private limited).On 25.2.05 accused moved a revision to session court against order dated 4.2.2005 under section 397 crpc.On 26.2.2005 in trial court he submitted the copy of above revision dated 25.2.2005.

In session court from 25.2.2005 to till date in 10 hearings, the accused counsel again and again demands the time even at the stage of admission.During this period trial court refused to give decision until and unless the revision is decided in spite of that no communication was received by trial court from the session court because revision is still at the admission stage.

Now my questions are 1.whether the trial court is right in not deciding the case,and if not which authority or rule should I show him to decide the case.2.Should we appear at session court and can we get it dismissed at the stage of admission itself?


Asked on 6/18/06, 8:38 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: non- taking decision by trial court even if revision admission stage

1. The trial court is not right in keeping the matter pending without any order of stay by revisional court. Section 397 Cr.P.C. itself is very clear on this aspect, which require revisional court to stay or suspend the order under revision.

2. You can consider appearing suo motu before the Revisional Court in view of right of speedy trials contained in section 309 Cr.P.C. with Article 21 of the Constitution.

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Answered on 6/19/06, 3:30 am
Vishwa Arya Arya & Co.

Re: non- taking decision by trial court even if revision admission stage

It depends what was the order on 4.2.2005 and the prayer before the Session Court. Normally, if there is no stay of the trial by the Session Court in the revision, the trial court should decide the matter. In any event, you have every right to get the revision dismissed in limini at the admission stage itself.

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Answered on 6/18/06, 10:49 am
Vivek Mapara Mapara Law Firm

Re: non- taking decision by trial court even if revision admission stage

Sir,

It is upto the court as to when pronounce the judgment, hence to party can intervene with the discretion of the court.

Proper thing is to expediate the proceedings before sessions court, and dismiss the revision application.

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Answered on 6/18/06, 2:02 pm


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