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Ravi (a)     16 May 2016

Speedy trial

my DV & 498a cases have been in pending state for more than 4 yrs and i am planning to approach high court for speedy trial in both DV & 498a cases. here are my queries.

1. is asking high court for speedy disposal of cases a good one?

2. will speedy trials go against me in 498a/criminal cases?

3. after speedy trial order, how long the cases take to close?



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     16 May 2016

1, not advisable at the moment, without going into the nature of delay.

2,depends upon the evidence adduced by prosecution and petitioner(DV), and not by the process.

3, depends upon the time frame fixed by high court and prevailing pending cases.

Ravi (a)     16 May 2016

thank you. giving you few more facts.

1. in 498a case, my wife (PW1) finished chief and cross and it has lot of omissions/additions/deletions and so many improvments of the story. PW2 chief is also over and she altogether said a different story than pw1 and cross is pending. given this context, can we still go and ask high court for a quick trial?

 

2. in DV, my wife is dragging the case and not yet submitted the chief.

adv.raghavan (Advocate,9444674980)     16 May 2016

1,it has reached trial stage, do not think positive nod from high court .

2,the onus is on them to prove, still i advise you to go for long dates as the intention of the petitioner is to drag the case , you can impress upon the trial court on the same. 

Above all if you still think to go ahead with high court you can, but still i am skeptical about this.

Ravi (a)     16 May 2016

thank you Raghavan.

ok. can i go for speedy trial for DV case? the current status on the case is still at enquiry stage.

i also checked the magistrate's recent DV judgements wherein he went by stating that the respondent has dragged the case.

 

adv.raghavan (Advocate,9444674980)     16 May 2016

I reiterate once again the same words,without going into merits of the case. because most of the DV cases  in recent days ends up in petitioner favour  and you can get some reprieve only in session court, so hold your breath back for the time being, let them take a call, afterall  they are the one to prove every thing, rather you.

HOMO SAPIENS (HELPING)     16 May 2016

Ravi I myself has been to HC and speedy trial order. I am not a lawyer but by GOD's grace I have got it, also fighting as party in person. Please go for speedy trial immediately for 498a. What do you think delaying the case will give respite and you come out of conviction. NO. Rather If you innocent then your wife will come under pressure. You can approach HC at any time for trial. Because its your life and nobody cares for your sufferings.

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