Discharge application missing fom court
Dharmender
(Querist) 21 November 2012
This query is : Resolved
A discharge application was filed under sec 245 as per High Court orders in case under 498A. Discharge application was for brother-in-law and sister-in-law.My wife's lawyer tried to delay that application by one or other reasons. Now we have found that the application is missing from file. We Don't have attested copy of that. In order sheet it was written by magistrate several times that arguments are to be done but her lawyer tried to escape from that.
Now as the application is missing how can we make sure that the arguments are done on that. The court staff is helping her illegally. How can we stop that as Magistrate is also not listening to us. Its completely corrupted staff.
How can I make sure the arguments are done on it. How the application could be restored
ajay sethi
(Expert) 21 November 2012
since application is missing from court records you can furnish your copy to court during arguments . keep extra set ready . draw attention of court to repeated adjournments taken by complainant . request that costs be imposed on complainant if her lawyer is absent or unable to argue discharge application
Raj Kumar Makkad
(Expert) 21 November 2012
If application is missing then apply for its certified copy from court and also the certified copies of all those order which contain the postponement of argument of that missing application. As the missing copy cannot be provided to you so report accordingly shall be given to you. Then you go to High court seeking initiation of strong action against that erring magistrate and your wife. I do hope that it shall be taken harshly by High court.
