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(Guest)

498a history, discharge 239crpc and next steps

dear sir/members -
[a] Case section: 498a - on parents, 498a & 506(ii) on myself - single FIR/Charge sheet -
[b] Caset status: pending for discharge petition, counter from PP
[c] fir/chargesheet/witness stmts: mother has asked ex-wife to do lot of domestic work. It is written dowry was given, but all jewels/household items everything is with them (ex-wife) only. still compliant is about asking for dowry, making her to do domestic work and husband beating her. hardly half page charge sheet, but witness statements are for 4 pages each.

action taken:
we have filed dischare petition in lower court in Jan 2016. it has been 8 months now, and counter has not been filed by the PP - 10 hearings gone by. In recent hearing, PP and judge spoke in such low tone, and then i heard date is given for October, and not sure if counter will be given even in october.

kindly let me know your thoughts on next steps.
0) awps, lawyer, and judge all know this is a false case, and i will go to HC for quash after discharge petition. is that the reason they are delaying counter?
1) should i file petition in HC for direction to Lower court - for processing discharge petition?
2) how much time (days/months? i will get to go to HC after discharge petition is dismissed in lower court?
3) in between, can i file quash in HC only for my mother?
4) if i do any of the above, will it affect during framing charges?

5) can any action taken on false witnesses now, as few are in govt jobs?

thank you all.



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 August 2016

Sir, 

 

My suggestion to you is to go to the High Court seeking quashing of the FIR and ask for the early disposal of the case if the High Court do not wish to quash your matter. That will be a win win for you in both the ways. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


(Guest)

thanks for your responses.


(Guest)

i have gone through Rocky's inputs and another 50 threads. no success story for getting speedy trial issued to lower court, and no lower court has really followed it. many cases it is written - HC is asking what makes the petitioner think the case will go for ten years, try it out first and then come back.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     26 August 2016

Quash, discharge and early hearing does not work since every body has same story and going to High court is not cheap. And there are millions of cases and new ones piling every day.

 

You must contest in lower court and if possible try for counter cases  far which opportunities may be many.


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