False 498a case in fasttrack court
lordofrings
(Querist) 12 July 2015
This query is : Resolved
Dear Experts
My wife had filed a false 498a case against me, chargesheet was filed and the first hearing date was in SEP 15. Now I got summons from fasttrack court, so I came to know that she has moved the case to fasttrack court. I did few quick searches on google and came to know that FT courts verdicts can be made on incomplete information/arguments, so I am worried. I have following questions -
1. How did court allow her to move the case to fasttrack, even before the first hearing?
2. Can I apply for moving the case back to normal sessions court, if I feel later that the FT court is not listening enough to my arguments?
3. How long it will take for the case to be disposed off by the FT court?
4. What is the general gap between 2 dates of a FT court? This is because my job is outside India, and although I dont have to be present for each date, I want to be present personally for each date. I also want speedy justice.
Thank you
Nadeem Qureshi
(Expert) 23 September 2015
Dear Jignesh
My opinion on your queries are as under:
1. How did court allow her to move the case to fasttrack, even before the first hearing?
Opinion: its depend on the court and not the party that who will hear and tried the case, so it is routine, no need to worry.
2. Can I apply for moving the case back to normal sessions court, if I feel later that the FT court is not listening enough to my arguments?
Opinion: If you think at any stage of the case that it may be possible that the court will not do justice then you have right to file a transfer petition and transfer you case.
3. How long it will take for the case to be disposed off by the FT court?
Opinion: its depend on the pendency in the court.
4. What is the general gap between 2 dates of a FT court? This is because my job is outside India, and although I dont have to be present for each date, I want to be present personally for each date. I also want speedy justice.
Opinion: file a writ petition before high court for framing the time period for decide the case under article 226 of Constitution of India.
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