498a case trial no action from last 8 months
Rahul Dhingra
(Querist) 21 January 2014
This query is : Resolved
Dear all,
Greetings!!!
I have a query I am under trial after false 498a case and now it's more then 8 month but there are no action from court side about the hearings like no witness no action. Please advise can I request court to submit the proof of arreast, and charges against me asap so that I can get the relief from this false case, I have everything' like Support of proof through RTI. Please advise help needed.
Rahul Dhingra
(Querist) 21 January 2014
Also please advise can I file 482 against the fir in high court or should fight against merits on lower court. Please note I need to travel to Rohtak court every month as my wife has some political connection so don't get dates in court as per my requirements
SACHIN AGARWAL
(Expert) 21 January 2014
Better to get the order for early disposal of the case from High Court.
You can also move to High Court for transfer of the case due to the acts from the ends of your wife.
Dr J C Vashista
(Expert) 22 January 2014
Contest the case there itself, wait and watch, otherwise you will spoil your case. Your lawyer should ask the court to expedite the case for no action taken by prosecution. You may file application to District Judge for transfer of case to some other court
If you have sufficient proof of false case, you can move/file petition for quashing the FIR
Devajyoti Barman
(Expert) 22 January 2014
The trail does take time to proceed.
If you are in hurry then you can apply in the court for direction on the Police to submit CS fast.
Before submission of CS it is not advisable to for quashing.
ajay sethi
(Expert) 22 January 2014
contest case on merits before trial court . if there is delay in 498A case it will cause more frustration to your wife . dont be in a hurry
Rajendra K Goyal
(Expert) 22 January 2014
You may prey court through your lawyer for early dates, your hurry may spoil your case and may not of any use. wait and watch is advised as Rohtak courts are also overburdened like some other courts of Haryana. going for quashing without charge sheet filed is not advised.
Rahul Dhingra
(Querist) 22 January 2014
Dear sir
CS is already filled in August and I have filled the RTI on behalf of the same. However maybe my wife is not in hurry but I am in hurry to close 498a as my parents are involved into it and they are not medically fit like heart and diabetic. Please advise now should I wait for some more time my next date is in feb 7th. Can I request to court or file for quashing
Devajyoti Barman
(Expert) 22 January 2014
If CS is filed then appear in court and ask for framing of charge.
Once it is done trial would commence.
Ask your advocate to do the needful.
Rahul Dhingra
(Querist) 22 January 2014
Dear sir I asked my lawyer whether charges are done and as per him charges are done. Please advise the next steps.
Rahul Dhingra
(Querist) 22 January 2014
As per my lawyer charged in dec
Devajyoti Barman
(Expert) 22 January 2014
Then your wife must have been served with summons for evidence. If she repeatedly fails to appear then apply for issuance of W/A.
T. Kalaiselvan, Advocate
(Expert) 22 January 2014
You have options to file quash petition to file the same before high court, but if the evidence in your possession fails to convince high court, the case may rebound on you and the possibilities of merits with which you have to fight the same before lower court also will get diminished, so better to decide wisely on this issue. Further you have another option to file petition u/s 205 Cr. P.C. to dispense with personal appearance of your parents owing to their ailments. The 498A is a state case and not that your wife will prosecute you therefore the curiosity to get you all punished will be on her side, so let she initiate.
Rahul Dhingra
(Querist) 23 January 2014
Dear All thanks for the advise specially to Mr. Barman and Mr. Kalaiselvan,
I will go with the petition u/s 205 Cr. P.C. for dispense with personal appearance of my parents. and wait for 2-3 months more meanwhile I will try for more evidence.
Thanks to All for the help.
Regards
Rahul Dhingra
Uday Kumar
(Expert) 04 May 2014
Well advised mr. Ajay Sethi and mr. Vashita , senior experts of this forum.
Please note criminal trial cannot be closed in hurry and as per wishes of Accused, If wife is not following the case then it is in your favour and once She will not come in witness box then what more is needed for your discharge as suggested by other experts take exemption from personal appearance and engage a lawyer who can following the case in each and every date and insist the judge to proceed further in the case, even some time request the Judge to note Objection of such delay, and I think in a few more dates case will be end to it.
if you go to high Court then Court may direct to speed disposal of the case withing say six months nothing more you will get like discharge.
Best regards
advudaykumar@gmail.com
Rahul Dhingra
(Querist) 04 May 2014
Thanks all we waited three months and now my ex is hurry to close the case ASAP. This time I requested to court to provide 4 months date so they will more frustrate. And I got July date in both DV and 498a.
Also evidence is requested in 498a
Rahul Dhingra
(Querist) 04 May 2014
Please note that save Indian family also helping people those are victim of false 498a. So you all are requested to please suggest people about them and your valuable advise.
I got lots of information fron this group and I want to thank each and every person of lci.
Thanks again
