Last Updated on February 3, 2019 by Legalseva.net
The entire justice delivery system in India is dependant upon Police, an external machinery appointed for the investigation part where as for appreciation of evidence judiciary exists.
But very little could be done for litigants on both sides be its petitioner/applicant/complaina
A lot has changed since the introduction of Roster system in Civil /Criminal & trial courts.
Also Read- TRANSFER OF A CRIMINAL CASE FROM HIGH COURT CHANDIGARH
But there are exceptional situations where the trial/case is purposely prolonged and delay is caused for vested gains and the issue worsens when the judicial officer is not interested to intervene or expedite the matter. In those situations, the application for speedy trial before Punjab and Haryana High Court at Chandigarh would be apt.
Usually in Criminal case, the most affected party is either the complainant or accused who himself/herself has to bear the agony of delay & slow-lethargic justice disbursal system.
The recent example is of Murder of Soumya Vishwanathan in 2008, where accused Baljeet Singh Malik has moved the application before Delhi High Court for speedy trial & compensation of Rs 2 crore for the delay.
Also Read- GETTING DIRECTIONS FROM HIGH COURT IN CRIMINAL CASE
The high court has now sought report from the Delhi Police Authorities on the delay of nine and half years to conclude the case.
Apart from criminal cases, speedy trial application can also be filled in domestic violence , 498A, Dowry, Promise to Marry Rape case , Abetment to Suicide and other cases of Crime against woman.
Speedy trial is a constitutional right granted under Article 21 where a reasonable, fair & just procedure is guaranteed to its citizens.
SC has already set up a time limit for subordinate courts to decide bail applications within a week, and magisterial trial to be over within 6 months & sessions trial within 2 years.
Also Read- CBI INVESTIGATION OF YOUR CASE BY HIGH COURT CHANDIGARH
A bench of Justices AK Goel & UU Lalit has issued these directions earlier.
The five year old cases were to be decided on priority.
Sec 483 of CrPC directs High Courts to have superintendency over the Courts of judicial magistrates and ensure expedite and proper disposal of such cases by magistrate .
For Divorce Cases, application u/s 21 B of HMA, 1955 can be moved before Family Court judge.
If he doesn’t grant you the relief then you could also move to High Courts under Art 226/227 of constitution of India for your case to be decided in a time bound manner.
Also Read- FILING OF CAVEAT IN PUNJAB AND HARYANA HIGH COURT
For more info on subject, please dial 99888-17966
