Delay in trial despite order of the high court. I have been facing a criminal trial since 2012. A criminal case was lodged against me in February 2012 under sections 408, 420, 463, 477, 120B read with 34 of the IPC, which is pending in the trial court. The trial court framed charges against me based on the charge sheet in 2017. However, the prosecution has yet to secure case witnesses before the court. There has been no progress in the trial, and a deferred date has been fixed in my case.
In 2021, I petitioned the Hon’ble High Court to quash the FIR and criminal proceedings due to the delay in the trial. The Hon’ble High Court, alternatively, directed the trial court to dispose of the trial within one year, i.e., by November 2022. However, it has been one year and three months, and there have been no proceedings in the trial court. Please advise me on this matter with suitable citations from the Hon’ble Supreme Court and High Court.
Asked from: Delhi
Delay in trial despite order of the high court amounts to contempt of court. If there is no legal impediment to carry on the case. If the trial court is granting unnecessary adjournments to the prosecution, you may file a contempt petition in the High Court against the trial judge.
It is imperative for the trial judge to expeditiously dispose of the case without granting unnecessary adjournments and lengthy dates. Generally, criminal cases cannot be quashed solely on the grounds of delay in trial completion.
If you are cooperating in the trial but the prosecution shows disinterest, the trial court must issue bailable or non-bailable warrants against the witnesses. The trial court is empowered to take appropriate actions to expedite the trial’s disposal and cannot remain idle waiting for witnesses to appear.
Once the warrant has been issued, the witnesses are obligated to appear in court for the trial. In the aforementioned situation, you should file a contempt petition in the High Court if its order has not been complied with. Obtain a certified copy of the order sheet to demonstrate the status and progress of the case. For more legal help please visit Kanoon India.
