Sec 498 a & 406 - non appearance of witness
pintu
(Querist) 11 November 2012
This query is : Resolved
I am facing trial under Sec 498A and 406 IPC.
Charges have been framed on me in the month of Jan 2012 and next date of hearing is given in the month of Feb 2012 for the appearance of PW1(wife) PW2(FIL) and PW(3) for evidence.
In Feb 2012 no body has appear on their behalf even not counsel also and next date in the month of Apr 2012 given and on this date also no body has appear on their behalf and bailable warrant issued to them and next date of hearing given was in the month of May 2012.
In the month of May 2012, Warrants returned with remarks that house was locked at given address and again bailable warrant issued on that date and next date of hearing given is June 2012.
On the hearing date in June 2012, Warrants received with the remark that all the three witnesses said that they will appear on the said date and guarantee for bail was given by the brother of wife.
But on the said date of hearing in June 2012, no body appears from them and NON BAILABLE WARRANT ISSUED TO THEM.
On the next date of hearing in the month of July 2012 warrants come back with the remarks that the house at given address is locked and again on that Non Bailable Warrant issued against them.
On the next date of hearing in the month of Aug 2012, this time opponent played a trick by bribing court boy that they were successful in not issuing and reaching the NBW warrants to police station and the court people were saying to me whole day on that date that warrants not received back. On this day magistrate instructed to SHO to put report and again NBW issued to them.
On the next date of hearing in the month of Oct 2012, again same thing happened i.e. they bribed the court boy for non issuance of warrants and restricts it to reach to the police station but this time their counsel appeared on behalf of them and requested to judge that the settlement negotiations are going between both the parties and if settlement not happened then he will produce all the witnesses for evidence in the month of Dec 2012 by undertaking and he also requested for non issuance of NBW to judge.
On this date I made one mistake that I agreed that talks are going on for settlement but I failed to request to the judge for Issuance of NBW.
Now my queries are following:
1. What should be my best next course of action on next date of hearing in the month of Dec 2012, if again those witnesses not appear.
2.what to request/say to the judge that on earlier two dated even though you have instructed for issuance of NBW but your sub ordinates had malafidely not issued the same.
3. what application in writing I should give for stop of evidences
4. whether I can apply for Quashing in High Court or for ex-party decision in my favour.
5. whether it is beneficial to complaint against those employees to judge in writing
6.My DV case is also going on with some other judge in which interim maint. was granted to my wife for Rs.4000/- and in that also they are not appearing for witness and cross examination but on last date they appeared just to collect money but not to give any evidences by saying that their counsel is busy. Now what should I do in this case. Whether I should deposit the money or request the judge that settlement talks are going on in the same what they have said in 498A case or request to him that I will deposit the money same next time and wait till recovery warrant on their application is issued to me for collection of money.
Please suggest me and oblige me.
Thanks in Advance.
R.K Nanda
(Expert) 11 November 2012
contact local lawyer.
pintu
(Querist) 11 November 2012
Dear Sh.Nanda Sir,
I have the local lawyer but I think he in not properly guiding me as he is saying me that let the trial should go on long as it will help us in the way that Prosecution Witness will forget the points what they had given in complaint but I am of the view that as my case is strong as per my knowledge therefore I want to finish the trial fast and get free.
I am very much confused.
He is also not taking any action/complaining against court boy even though he had done very wrong
Devajyoti Barman
(Expert) 12 November 2012
Since foul play has become quite apparent, ask the court to direct the SHO to appear in person before the court and explain the the court why this NBA could not be executed so long.
Sudhir Kumar, Advocate
(Expert) 12 November 2012
prima facie you should not be bothered if the other side does not bring the evidence despite arrest warrants. You should apply for deletion of their name.
In case you and your lawyer sincerely believe that much can be proved by their cross-examination then wait for their arrival in court.
pintu
(Querist) 14 November 2012
Dear Sir,
thanks for reply.
what is the procedure for applying deletion of name and what is the possibility that judge will close the evidence
thanks once again.
pintu
(Querist) 15 November 2012
Dear Sir,
thanks for reply.
what is the procedure for applying deletion of name and what is the possibility that judge will close the evidence
thanks once again.
Nadeem Qureshi
(Expert) 17 November 2012
Dear Querist
you should filed an application under section 256 of Cr.PC for dismiss the complaint or case before magistrate.
256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
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