False 498a, witness not coming to court
sunnyonemorevictim
(Querist) 12 April 2015
This query is : Resolved
False 498a case was filed on husband + parents intentionally by wife just to harass husband and his parents. Charge sheet filed and charges are framed. But witness not coming to court. Court is just giving the dates.
Please provide your help on these questions and ay other remedies to be followed in this situation
1. What is to be done from accused end so that case can be completed and closed ? How long will the court wait for witnesses ? Can the court quash/acquit the accussed as the witnesses filed false case and hence not coming to the court ?
2. Got to know that complainant ( witness No 1) gave a false/dummy address and she is not living in that address. What action can be taken on the witness, can warrants be initiated on them ? What is the process for that ?
Devajyoti Barman
(Expert) 12 April 2015
In 498A cases such things causing unreasonable delay is quite common. However you can expedite the case by filing petition in high court for speedy trial. Alternatively you can ask the court to either close her evidence or to issue W/A against her.
Dr J C Vashista
(Expert) 13 April 2015
Are you accused or his counsel? How you are concerned with the facts of the case Mr. "sunnyonemorevictim", anonymous author.
Rajendra K Goyal
(Expert) 13 April 2015
Prey the court to issue warrants in the name of the witness if summons served.
sunnyonemorevictim
(Querist) 13 April 2015
Thanks for the responses. One query regarding summons being served.
Is serving summons mandatory ? She has intentionally given a fake/false address and misguided the court. There is no way the summons can get served to the address mentioned in the complaint as there is no such address existing. What should be the next step ? can warrants be initiated against the witness ?
This is related to me only.
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
Dear Author: it i the duty of the police to prosecute the case and also to produce the witness to the court. If it was a fake address, police know how to bring them to court so leave it to them, they will take care. You may pressurise the police through your lawyer.
