LT.
COL., S.J. CHAUDHARY VS STATE (DELHI ADMINISTRATION) ON
17
JANUARY 1984
PETITIONER: LT. COL., S.J. CHAUDHARY RESPONDENT: STATE (DELHI ADMINISTRATION)
BENCH:
O CHINNAPPA REDDY (J), E S VENKATARAMIAH (J), R B MISRA (J)
CITATION: 1984 AIR 618, 1984 SCR (2) 438, 1984 SCC (1) 722, 1984 SCALE (1) 92
LAWS INVOLVED: Advocates
Act 1961
FACTS:
The petitioner sought modification of the Court's order that the trial
should proceed from day to day on the ground that his advocates were not
prepared to appear in the case from day to day as the trial was likely to be
prolonged.
ISSUES:
Whether the order of Session court to proceed
from day to day hearing is proper and does this need modification?
JUDGEMENT:
Dismissing
the petition, court held that, It will be in the interest of both the
prosecution and the defence that the trial proceeds from day-to-day.
Before commencing a trial, a
Sessions Judge must satisfy himself that, all necessary evidence is available.
If it is not, he may postpone the case, but only on the strongest possible
ground and for the shortest possible period. Once the trial commences, he
should, except for a very pressing reason which makes an adjournment
inevitable, proceed de die in diem until the trial is concluded.
It is the duty of every
advocate who accepts the brief in a criminal case to attend the trial from
day-to-day. Having accepted the brief, he will be committing a breach of his
professional duty, if he so fails to attend.
Pictorial Presentation of S.JChaudhary V. State of Delhi (1984) - YouTube
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