Legal Question in Criminal Law in India

Single case in high court for several cases in different court of same nature

There are a number of cases pending under section 138 NI ACT , in those cases accused persons have not been appearing from the last three years. The report of police constables are on files that accused have not been residing on the address for last many months. Thereafter, there are three/four applications have been submitted to trial court but all in vain. The presiding Officer only takes applications only for filing. I want to know whether a single case in high court can be filed for several cases pending in different trial courts for declaring them as absconded under section 82 crpc by high court itself or directions to be given to trial courts for initiating process of declaring them absconded under section crpc 82.


Asked on 9/30/07, 10:07 am

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

Re: Single case in high court for several cases in different court of same nature

You can consider filing a Writ Petition in the High Court to get necessary directions to trial court.

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Answered on 10/01/07, 1:01 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Single case in high court for several cases in different court of same nature

Well in this case you cannot file a suit and there is no error/wrong been made by the trial court as the court always follows the procedure mentioned under law.

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Answered on 10/01/07, 5:12 am
Alok Sharma Alok Sharma & Associates

Re: Single case in high court for several cases in different court of same nature

The answer to first part of your querry is No. High Court can always issue appropriate direction to lower courts to expediate the proceedings.

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Answered on 9/30/07, 10:15 am

Re: Single case in high court for several cases in different court of same nature

No,you can not file. As such there is no wrong by the trial court.Trial court has to follow the procedure prescribed in law.

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Answered on 9/30/07, 12:38 pm

Re: Single case in high court for several cases in different court of same nature

No,you can not file. As such there is no wrong by the trial court.Trial court has to follow the procedure prescribed in law.

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Answered on 9/30/07, 12:38 pm

Re: Single case in high court for several cases in different court of same nature

No,you can not file. As such there is no wrong by the trial court.Trial court has to follow the procedure prescribed in law.

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Answered on 9/30/07, 12:38 pm


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