498a and other charges on a canadian national
rajeev
(Querist) 18 May 2016
This query is : Resolved
Hi All,
Please help me.
I am a Canadian citizen and being living in Canada since 1984.In 2013 my estranged wife who is also a Canadian citizen came to India and lied about her address and her citizenship and filed a dowry case against me among other charges (324, 504, 506, 406, 420).
This trial is going on for now three years, even though I have a direction that the trial should go on day to day basis.
My Canadian passport is taken away and its with the local court. Twice I was given my passport. Once for renewal of my passport and Indian Visa and second time to go to Canada so I can participate in my ongoing trial in Canada. (My estranged wife has field a exact case against me in Canada as well).
Few days back I needed to go back to Canada again for my trial. As the last trial was postpone on the request of my wife. This time when I filed an application for release of my passport, my application was rejected. The Local Judge said " as the case is in the last stages, my request for the release of the passport is denied". The State and opposite lawyers have said to the Judge that "everything in the trial is over including the STATEMENTS AND POINTS OF THE STATE AND MY WIFE'S LAWYERS" They lied about this on purpose so my passport is not given.
The fact is that my trial is transferred to a new court as the old court where my trial was going will be vacant for next 2-3 months and therefore the trial was moved to a new court.
Everyone knew including the State, the wife's lawyers....that the statement of State and my wife's lawyers will start once again and after that our turn will come.
Today when the trial resume, the state put a application that they need some time to study all the material and then he will present his case in front of the Judge.
My point is.....he lied 100% in the open court. State/wife's lawyer's has given written application to the courts that their part in the trial is over and only my part is left. NOW THEY HAVE CHANGED THEIR STORY.
What is my right?? as I know they will prolong their arguments once again for months and months. I am stuck in India with no passport, I have lost my business, no money and surviving on the help of family and friends.
What can I do? Can I file an application in High Court or with the District Judge that the state is lying time after time on paper and they change their stand when it suits them. Can State do that ?? Can they lie and change their statement in the open court and that too when it's on writing?
Don't I have any rights? What can/should I do so my rights as a foreigner in India is not ruined.
Please advise.
P. Venu
(Expert) 19 May 2016
"Everyone knew including the State, the wife's lawyers....that the statement of State and my wife's lawyers will start once again and after that our turn will come."
It s not necessary that proceedings should start once again. Please see provisions under Section 326:
326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
(1) Whenever any 1[Judge or Magistrate] after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercises jurisdiction therein and us succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge of Magistrate] so succeeding may act on the evidence so recorded by his predecessor and partly recorded by himself.
Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code 2[from one Judge to another Judge or from one Magistrate to another Magistrate,] the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
rajeev
(Querist) 19 May 2016
Thanks Mr. Venu. In the layman terms can he do what he is doing or not.
T. Kalaiselvan, Advocate
(Expert) 22 May 2016
In case your problem still aggravates, you may approach high court with a petition to either quash the case due to its non-maintainability since the incidences are reported to have taken place in a foreign soil or to direct the trial court complete the trial and dispose the case expeditiously instead of dragging on the same unnecessarily.
Discuss with your advocate on the further steps and proceed accordingly.
rajeev
(Querist) 22 May 2016
Thanks Mr/ Kalaiselvan
Thanks for your advise. I can't afford to go to high court as all the good lawyers are charging a huge amount. I am stuck in your country to last 30 months. Almost NO money.
T. Kalaiselvan, Advocate
(Expert) 23 May 2016
You can approach the legal services authority office for getting free legal aid by moving an application seeking its help based on your pathetic situation as well as getting stranded ion a foreign country without monetary and physical support from any quarter on some false cases.
You are certain to get help from legal aid office.
rajeev
(Querist) 23 May 2016
Thanks Mr. Kalaiselvan
SAINATH DEVALLA
(Expert) 23 May 2016
What has been UR lawyer doing in court when so many things were happenning(if what U R saying is true)?
Other aspects well adviced and suggested by the above legal experts and nothing more to add at this stage.
