Delay tactics by complainant and court
John
(Querist) 31 August 2014
This query is : Resolved
Hi lawyers,
Currently I'm faceing 4 criminal cases 452, 323, 324, 506, 43(Jan/2013) and 420(Feb/2013) and 452, 323, 324, 506, 43(Apr/2013) and 294(Mar/2013) complainant is my wife and trail is going on JMFC and more than 10 days in PCR
I'm ready to fight this cases and charge also framed initially she delayed the case asking false medical ground without submitting medical certificate and JMFC allowed that; now JMFC is asking for compromised and she is ready but not ready on my condition.
She is having bad character (Hysteria) kind woman I don’t won’t to do compromise with her.
Already I gave her two chances
1. 498(2002)
2. Family court (2004)
During this period I have kids 1 daughter (13 Year) and 1 son (8 year) old.
I lost my job because of her constantly filling false against me. I gone to high court for quashing FIR for the case 294(Mar/2013) still under trail
Now I'm jobless last 8 months and JMFC is delaying case without any valid reason, my advocate is saying we have to wait and follow the court...... Already waited 2 years.
Now there is no faith might be after compromised and she can go complain again….
Please suggest any way to speed up trail process of JMFC, I should clear and get new job as early as possible
Please response
ROHIT SHARMA
(Expert) 31 August 2014
Dear Mr. John,
1. She has filed a private magisterial complaint. If she does not appear before the court on the hearing dates then you can file a Cr.Misc.Application u/s 249 of Cr.P.C. seeking dismissal of her complaint. She has not as yet filed her medical evidence for her absence. This fact can be argued before the court to enable the court to dismiss her complaint.
2. What i want to know is that is she staying with you ? Divorce can be one of the solution.
3. If you can spare some time and have the resources you need to discuss this matter. For that you will need to contact me for further private legal consultation. Click on my name shown in the margin of this reply format to get my contact details.
John
(Querist) 31 August 2014
Daily she appearing in court and delaying the matter and court also giving free hand to her, currently 452, 323, 324, 506, 43(Jan/2013) matter under trail, We are living separate since from her first 452, 323, 324, 506, 43(Jan/2013), she not ready to leave me and at same time not ready on my condition
ajay sethi
(Expert) 31 August 2014
it is advisable to contest 498A case on merits . HC would be reluctant to quash 498A case unless settlement is arrive at between parties . if the allegations made in FIR do not disclose commission of any offence HC may quash 498A case . it is always better to arrive at an amicable settlement .
on account of heavy backlog of cases it may take 5 years or so for your cases to be disposed of
John
(Querist) 31 August 2014
One of her FIR 354 (A) (S),452(oct/2013) Investigated and confirmed B’ final on my brother which was forward to court using that I approched to high court for quashing case 294(Mar/2013), she is habitlual of filling FIRs , currently she hold complete property of mine.
John
(Querist) 31 August 2014
change status resloved to open
Devajyoti Barman
(Expert) 31 August 2014
The MAGISTRATE PROCEED WITH THE CASES IN THAT PACE ONLY.
To speed u the trial direction from high court in that regard is only option.
John
(Querist) 31 August 2014
Thanks for suggestion,
I really like to fight instead of going for middle way tough time is constrains for me, I will open another doors
Dr J C Vashista
(Expert) 01 September 2014
Contest the cases vigorously. apply to High court in a writ under Article 227 of the Constitution for issuance of directions to trail court for finalisation of cases within time frame.
Rajendra K Goyal
(Expert) 01 September 2014
Oppose the delay tactics of the complainant through your lawyer. May approach High court for early disposal of the case.
T. Kalaiselvan, Advocate
(Expert) 05 September 2014
Though you may get direction from high court, the tactics adopted in the lower court will still continue hence, you may put pressure n the lower court itself about the dilatory tactics she adopts.
John
(Querist) 08 September 2014
Day before Y’day I had court date, but same trick got played again and this time court given us nearly month date, but I step down front of Magistrate and explain problem after that Magistrate asked me to put application for speedy trail same submitted from my side
John
(Querist) 01 October 2014
Thank God, Finally Day befor Y'day court taken statement and Advocate also taken CROSS
John
(Querist) 31 January 2015
I thought to share this case represents a typical example how the trial goes on in Indian Courts very good judgement and good slap
http://lobis.nic.in/dhc/SND/judgement/10-03-2010/SND09032010CMM4962009.pdf
