498a evidence stage: pw's not appearing

If the witnesses are not turning, get warrants issued to them.

1. Considering the current stage of my case, how long is it expected to take this case to closure under normal scenario ?

Answer : I will take time. Probably some more years.

2. What if even if bw issued to sp of district but since past 6 bw no turn up of witness nor any report returning as to actions taken by police

Answer : You should pray in court to issue NBW for secure the presence of witness. It is only to ensure the  presence of witness on date of hearing. What need to be practiced  to make sure of the comportment of the witness, is completely remains within the magistrate's discretion. If witness will not attend the upcoming hearing, then the Magistrate may issue NBW.

3. What options do I now have for an early disposal ?

Answer:

• File discharge petition before the trial court under section 239 CRPC. The defacto complainant has to file an affidavit stating non objection to the discharge petition based on the compromise arrived out of court.

OR

• Go to the High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of the Indian Constitution by praying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. 

2nd option looks good to me.

You can benefit from the advises in the thread.

Discuss further with your own counsel and move ahead.

Have the magistrate issue NBW's against the said witness. In case the proseuction fails to produce the said witness, ask the court to close the opportunity of the prosecution to exmine the said witness. As such it is the duty of ths prosecution agency to priduce the said witness and in the failure of the same, you are entitled to seek what I stated above.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Thank you. BUT, I had checked earlier with my lawyer on filing application in HC for early disposal. As per him,

1. Filing application in HC for early disposal after PW-X's missing just 2 dates is not a good idea as it may antagonize the lower court judge. He wants to take few more hearings before approaching HC

2. Also, my lawyer plans to submit an application to lower court judge to call all the witnesses together for PP to first question them before he does cross. He didn't submit the application in the last date as the witnesses didnt show up.

3. As per my lawyer, PP will issue warrant if PW-X dont show up.

Is my lawyer correct in his plan. Thoughts ?

Regards.

seems fine.

Judge had earlier issued bailable warrants to the primary witnesses. Witnesses have not been showing up. 
Now, in addition to issuing BW to the primary witnesses, Judge has issued summons to all the witnesses in the next Evidence hearing.

Two Questions: What should I do ? 

1. Can I expect the case to close in the next 6-8 months keeping in mind the way its progressing. (I am getting dates every 2 months). How long will it take if I take the normal route.. OR Speedy Trial is the only option.
2. What should I do to have the judge indicate its a FALSE case rather than just getting Acquitted at the end (if the witnesses dont show up).

Regards.

These cases takes time, probably some years. I agree with the advice that your counsel has provided. Wait for some more hearings before approaching to HC with the speedy trial request.
 

Meanwhile, You should pray in the court to issue NBW for secure the presence of witnesses. 
 

1. I got speedy trial order from HC as party in person before framing of charges itself. So once chargesheet filed and regular bail secured you can move for speedy trial at any time. It does not depend on your wife, PP, your lawyer, Lower Court Judge, HC Judge. Its a fundamental  right under article 21 of Indian constitution and every victim of 498a should use it .

2. Judges don't get annoyed or disgruntled by speedy trial order. Rather they form an opinion that this guy really wants to finish this case early. No culprit will ever do that. Rather they slow down the process.

3. Getting speedy trial order from HC is cheap and cost effective. If anybody does it as party in person it will be very cheap. Just spend one or two thousand to draft a petition and file the case. Within days results are out.

4. Issuing NBW is just satisfying your ego and inflating the lawyer's purse. Next day they will come and vacate it. What effective purpose does it solve? Rather you should pray for expunging the de-facto / PW2/PW3/PW4 or whoever it is  from the evidence list to the judge .

Good Luck. 

The advise of Mr. HOMO SAPIENS HELPING, is appreciated.

It may take some time and reading, but anyone can become properly informed and self sufficient and PIP.