Short dates in 498a case
Shivam
(Querist) 15 March 2013
This query is : Resolved
Experts,
I have DV, 498a and Cyber crime case running against me. 498a is premature, not even charges framed until now.
The problem is, though i myself want cases to run fast as all are false and frivilous but since they are so many, it is becoming a problem to attend so many dates in a month.
The other party has hired a pvt lawyer in 498a case from the local court , who convinces the judge to give short dates within 10-15 days. The problem is further compunded that 2 other accused have to travel from a different city which include a senior ailing citizen also (exemption plea pending)
Is there a way that i can logically pacify judge to give not more than 1 date in 30-45 days???
Thanks in anticipation
Devajyoti Barman
(Expert) 15 March 2013
You can always ask the judge for expeditious hearing of case. Unless there is any direction from high court the trial court does not give any preferential treatment to any particular case.
Shivam
(Querist) 16 March 2013
Devajyoti sir, thanks for your input...but my question is a bit different...because i am facing so many dates in 3 different courts, i want some space between them and hence i do not want dates so fast atleast as of now !!..is it possible??
Raj Kumar Makkad
(Expert) 16 March 2013
Instead of lingering on the cases, it shall be better to get the same dates in all 3 cases or at least in 2 cases so that your traveling may be avoided and moreover, you can seek parmanent exemption under section 205 against the ailing accused.
Shivam
(Querist) 16 March 2013
Rajumar Sir,
Taking same dates is not possible as all are in 3 different courts of the city which are very far of from each other.
DV case...All 3 same accused as 498a but 2 of them who reside outside are represented by lawyer so thankfully have not ever been required to come even once
Cyber case.. i am the only accused, so other 2 do not need to come
498a.. the other 2 travel from a distance of 200 kms. We filed medical reports and prescriptons of the oncologist which their lawyer has in her submission termed as BOGUS and asked the judge to reject the application, which has yet not been heard !! When all the papers are genuine sir, whose onus is it..if they say it is bogus sho they will prove it or we have to show they are genuine??
i do not want short dates atleast as of now because having 2 dates in DV , 1 in cyber and 1-2 in 498a make it 4-5 dates in a month which is making my professional life tough. so i want that other than 2 dates of DV i do no thave to deal wth all the dates each month..is there a way out??
Raj Kumar Makkad
(Expert) 16 March 2013
None is personally required to come present in DV Act case as lawyers all over India deal such cases at their own like a civil suit. If 498A case is in the stage of evidence, it is in your interest to get it expedite as earliest as possible as evidence shall be concluded in this way within a very short period and thereafter the case shall be decided accordingly. So instead o bearing such cases for many years, it is wise to get the same decided within the shortest period possible.
In your Cyber crime case, date can be requested as desired.
In response to your fresh query, you shall have to prove that the documents produced by you are genuine.
Shivam
(Querist) 16 March 2013
Thanks yet again...my 498a case is in very nascent stage, even charges have not been framed yet
Devajyoti Barman
(Expert) 16 March 2013
In 498A case all the accused persons need not be present on each date. In any case any out station accused person may file petition u/s 205 crpc for exemption from personal appearance.
Shivam
(Querist) 16 March 2013
Devajyoti Sir....
i am the prime accused and i can attend all dates that is not a problem...but he other 2 travel from a different city. can u give some citation through which it can be pursued. coz for my father's exemption on health grounds, the opponents are contesting the validity of medicals (of a serious ailment like blood cancer ) and they say he is hail and hearty !! my brother is a very senior executive in an MNC and it is not possible for him also to travel every now and them...taking leaves, driving to a different city and then wasting the entire day. Please let me know any citation, if available that says if one of accused (that too prime) is present, others need to not be present on each date..thanks in advance
Devajyoti Barman
(Expert) 16 March 2013
There are many citations. Ask your lawyer, he would show you.
ajay sethi
(Expert) 16 March 2013
agree with experts
prabhakar singh
(Expert) 16 March 2013
Go to read this one pronounced by Supreme court:
TGN Kumar vs State Of Kerala & Ors.
available on http://indiankanoon.org/doc/1908341/
Raj Kumar Makkad
(Expert) 17 March 2013
You have much been advised and now its your turn to follow the advice instead of raising your same questions in changed tone again and again.
Shivam
(Querist) 17 March 2013
Truly grateful to see the co-operative response. :)
