Case s/c 306
Joyjoyee Sen
(Querist) 30 September 2010
This query is : Resolved
Dear Sir My brother had an affair with a girl of Delhi and she was very suspicious of every woman connected to my brother. At the time of her committing suicide my brother was in Cooch Behar his hometown. She committed suicide leaving a letter in which no where my brother's name was mentioned and also on that it was not mentioned that she was going to commit suicide. All the family members after the incident given statement to the police that she did bad result in exam and was frustrated and committed suicide. But her parents after few months of the incident changed their statement filed a complaint and the case was filed against him. In the charge sheet also nothing is written which can go against my brother. But now what is they doing to harass my brother they are not coming on court on due date making unnecessary delay in the decision. For last 3 years the case is going on. My brother has lots of opportunity to go abroad but due to this he is unable. Now all the witnesses is complete and only cross is remaining. The date of cross was on 4th June, 2010 but this time also they had taken another date and the next date was fixed on 4th Sept, 2010. On 4th Sep, 2010 my brother went to court and suddenly he heard that the case is shifted on another court and from there he got another date which is on 4th of Oct, 2010. Now my question is will it effect the merit of the case? As the case was almost in last stage now we afraid that the new judge completely unaware of the fact can ruin my brother's future? We are spending days in agony. My father had a heart attack due to this. How many more dates they can get from court? Is there any limitation or they can take dates after dates? Please Sir suggest. Regards Joyjoyee
adv. rajeev ( rajoo )
(Expert) 30 September 2010
Dear Joyjoyee,
Transfer of case does not affect the judgement. Only after going thru., the entire evidences and argument adduced by both the side judgement will be passed.
Ajay Bansal
(Expert) 30 September 2010
I THINK YOUR BROTHER SHOULD NOT BE COME UNDER TENTION BECOUSE OF NEW-JUDGE.AS FAR AS TIME OF PENDENCY OF CASE IS CONCERNED,YOUR BROTHER MAY FILE A PETITION U/S 482 Cr.P.C. IN HIGH COURT FOR GETTING A DIRECTION FOR TRIAL COURT TO DECIDE THE CASE WITHIN A SHORT PERIOD OF 3 OR 6 MONTHS.
Devajyoti Barman
(Expert) 30 September 2010
I failed to understand how could the de facto complainant can delay the case when he is supposed to be represented by the Public Prosecutor. Check with your lawyer. If there is inordinate delay in proceeding of the case then move the high court for specific direction for the disposal of the case in a particular time frame.
