Partha 498a (INDIVIDUAL) 11 July 2014

498a ipc

498a case filed against me and family members with false pretext and allegations. During witness trial petitioner and witnesses are not appeared before court.
what should I do? my Advocates are remains silent for next step nor praying any justice or any action from ld. court.
how many session are required to start trial?

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6 Replies

Laxmi Kant Joshi (Advocate ) 12 July 2014

In the next hearing date if petetioner not comes for her trial then raise the objection and make a request to the court to dismiss her petition.

sankar P (supervisor) 12 July 2014

Well Said Sir...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 July 2014

You may file CrPC 239 discharge application read with CrPC 173.

But still it is advisable that file Speedy Trial application in High Court to get 498A disposed off within 6 months else no relief. Please do this in-person (Without Advocate). The sample petition is attached bellow.

Please also see my posts on the following links : -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Attached File : 122944084 samplepetition4speedytrial.docx downloaded: 182 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 July 2014

Avijit,

Has the complainant/ other witnesses have been summoned by the court. If so, and they fail to appear despite summoning, then get the warrants issued against the withesses.

If they remain unserved, then the court would send summons a few times and then only can discharge you.

Bani,

I don''t think this is the stage of filing 239. I am sure the case has come to evidence stage, after the charges are framed.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

Partha 498a (INDIVIDUAL) 13 July 2014

Thanks Friends for your reply, important point and suggestions.

Partha 498a (INDIVIDUAL) 13 July 2014

laxmi kant joshi - Sir, thanks for your reply but in this matter cooperation requires from my Advocates..

Shatyaprakash Bani (Rocky) - Sir, thanks for your reply. that case was
started in May 2009 and charge framed in September 2013. 1st witness day was in March 2014. thanks again for your link.

Shonee Kapoor - Sir, I made approach my advocate to pray Ld. court to issue warrant against them but they replied will think this matter in next witness date.
I get information that they had received summons i.e. for 1st witness day march '14, next date on October '14.

498a ipc

6 Replies

laxmi kant joshi - Sir, thanks for your reply but in this matter cooperation requires from my Advocates..

Shatyaprakash Bani (Rocky) - Sir, thanks for your reply. that case was
started in May 2009 and charge framed in September 2013. 1st witness day was in March 2014. thanks again for your link.

Shonee Kapoor - Sir, I made approach my advocate to pray Ld. court to issue warrant against them but they replied will think this matter in next witness date.
I get information that they had received summons i.e. for 1st witness day march '14, next date on October '14.

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498a ipc

6 Replies

laxmi kant joshi - Sir, thanks for your reply but in this matter cooperation requires from my Advocates..

Shatyaprakash Bani (Rocky) - Sir, thanks for your reply. that case was started in May 2009 and charge framed in September 2013. 1st witness day was in March 2014. thanks again for your link.

Shonee Kapoor - Sir, I made approach my advocate to pray Ld. court to issue warrant against them but they replied will think this matter in next witness date. I get information that they had received summons i.e. for 1st witness day march '14, next date on October '14.

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Recent Topics

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Shatyaprakash Bani (Rocky) - Sir, thanks for your reply. that case was
started in May 2009 and charge framed in September 2013. 1st witness day was in March 2014. thanks again for your link.

Shonee Kapoor - Sir, I made approach my advocate to pray Ld. court to issue warrant against them but they replied will think this matter in next witness date.
I get information that they had received summons i.e. for 1st witness day march '14, next date on October '14.