A . 438

,. .. '

LT. coL. s. J; CHAUDHARY

STATE (DELHI ADMINISTRATION)

January 17, 1984

[9 CmNNAPPA REDDY, E.S. VENKATARAMIA.H AND R. B. MISRA, Jlj , l

Criminal Procedure-Trial by.sessions coutt to poceedfron1 di:ly to dliy. Triill- when coulcf be adjotrned. · . . "' ..

ractie-Duty oi Advocate.

The petitioner sought modification of the Court's order that the tri3.l -should proCeed from daY to day on the ground .that his advoCates werenof prepared to

appar in the. case fr6m -day to day as the trial Was likely to be. prolonged.

D. .--D.ismissing the. ptition,

HELD : It will b~ in .. the l.Oterest of both the prosecution and the defence . th.at the trial proceeds fro1n day-_tO-day.

Before commencing a trial, a Sessions Jud&e rn.ust satisfy him5~1f that all nxessary evidence iS available: If it is not, l1e . .may _postp::>ne the case, but only _on the stron'g:esi Possible grourid and for e shortest

p_ossible period. Once thi: tfial commences;· .he should, except for a very .piessing E , reason which make:~ an adjoUrnment inevitable, .Pfoceed de die_ in .diem un.til the '7-- trial is concluded: [439 CDJ ·

. It _is th~ duty Of every advocaie who _acccPts. the brief in a criminal case to --'- • ·· attend. the tria! from day-to-day.. -Having accePted the briet he will be committing -7 ....

~ beachof his prfessional duty, if he.so fails to attend. r439 B-F']

F . CRIMil'i~L APPELLATE JuR1SmcrmN : Criminal Misc. Petition No.· 284

of 1984 in Sp, cia:l Leave Petn. (Cr!.) No: 3000 of 1983.

 . K. L. Sharma, K. K. Mohan and Mrs.' Geetaiali Mohari for the Petitioner,·

G K.G. Bhagat, Additiooal Solicitor General, R.D. Agarwaz and . R.N. Poddar for the Respondent.

• The Order of the Court_ was delivered by :

H CiUNNAPPA REODY, 1.

By an order dated December l!, 1983, this.court while dismissing a petition fo~ speCial leave to appeal filed:

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.. ·,.A

. ( ...... \

s. J. CHAUtn~AR)' v. STATE (Chinnappa Reddy, J.) 439 ..

against.an order of the Del.hi High Cout refusing to grant bail to the

p;, titioner until after examination of Rani Chaudhaj as a witness, gwe a direction that on the commencement of the ttial, it should pro'if'ed from <:lay-to-day. Alleging t)lat his two Advocates are not prepared .to appoar in the case from day-to-day as the trio! is Hkelv to be prolonged. tho petitit'~1er has. fikd the present application for

modification•or the earlier 6rder of this cout t by the deletion of• the 'direction tint. the trial should proceed from day-to-da:y. .

• • • ...

We think'it is an entirely.wh0leso111e practice for the trial to go on :from day-io-dav .. It is .most expedient that the tr; al before the court of a Session shoukl proceed. and be dealt. with continuosly from its incepcion to its finish: Not only ,;111 it rcsuJi.in expedition, it will also result in the elimination of.mailOeuvre. and mischief, It will be in the interest of both the pros, ecution an.d the defence that

~ • the trial proceeds from dav-to-dav.

It' is necessary to realise that Sessions cases must not. bo tried. pi

0ecemeul. Before commendng a trial, a Sessions Judge. must satisfy himself that all necessary evidence. is available. u it is noi, he.maypostpone the case, but only on the strongest possible ground and for the shortest possibl!' perfod. Once the trial commences, lle should, except. fof a verv press'lng reason "'hich makes an adjourrAllent hievitable, proceed de die in diem .. until the trial .is concluded, . . . . . . . . .

. ·.

- . We are µable to.appreciate the difficulty said to be experienced

E -. ·. "r by the 'petitioner.· It is stated that his Advocate is finding it difficult . _to attend the court from day-to-day: It is the duty of every Advccate, who accepts the brief in a criminal case to a.ttend the trial frcmday-tcday.

We cannot over-stress the duty of ihe Advocate to attend to

-~ the trial froth day-to.-day. Having accepted the brief, he will be

 F committing a breach of his profossional duty; if.he so fails to attend . . The Criminal Miscellaneous Petition is, therefore, dismissed. . •

H.S.K.

Petition dismissec(. ' G '