LT. COL. S. J. CHAUDHARY versus STATE (DELHI ADMINISTRATION)

LT. COL. S. J. CHAUDHARY versus STATE (DELHI ADMINISTRATION)

It is in the interest of both prosecution and defence that trials proceed day-to-day; adjournments should only be granted on the strongest grounds and for minimal periods; advocates are professionally bound to attend criminal trials day-to-day.

Parties
Petitioner: S.J. Chaudhary; Respondent: State (Delhi Administration)
Jurisdiction
India
Judgment Date
17 January 1984
Procedural Posture
Criminal Miscellaneous Petition in Special Leave Petition (criminal) / Petition for Modification of Prior Order
Outcome
Petition dismissed.
Legal Topics
Trial by Sessions Court, Adjournment of Trial, Duty of Advocate
Criminal Law Criminal Procedure Trial by Sessions Court Adjournment of Trial Duty of Advocate

Case Brief

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Parties

S.J. Chaudhary

Petitioner

State (Delhi Administration)

Respondent

Procedural Posture

Criminal Miscellaneous Petition in Special Leave Petition (criminal) / Petition for Modification of Prior Order

Legal Issues

  1. 1 Whether a trial before a Sessions Court must proceed day-to-day and under what conditions an adjournment is permissible
  2. 2 Professional duty of advocates in attending criminal trials day-to-day

Ratio Decidendi

It is in the interest of both prosecution and defence that trials proceed day-to-day; adjournments should only be granted on the strongest grounds and for minimal periods; advocates are professionally bound to attend criminal trials day-to-day.

Court Disposition

Petition dismissed.

Orders

  • Criminal Miscellaneous Petition dismissed.
  • Day-to-day trial direction maintained.