Application in 498a case

Please share full fact of case to know answer for your query.

Sir, Case is of 2013 and we are just attending court dates, chargeframing is done long back.
Sometimes PP takes adjournments and PW1 / Complainent has not come to court till date even after 3 summons.

It is a frabricated  498A with 307 and other IPC sections.

Judge may issue bailable warranrt against complaint.

Sir, What kind of application I need to submit in court so that judge can issue warrant

The information that you have provided is very much limited. From the information provided it appears that you are the husband and your wife has made allegations against you such as 498a (husband or relative of husband of a woman subjecting her to cruelty) and 307 which is attempt to murder. As you may appreciate both of these offences are off a serious nature. You need to furnish futher facts so that I am able to help you to fulfill your requests. You must also appreciate that this has been going on since 2013 and it is almost 3/4 years. Section 307 IPC is a serious allegation which is attempt to murder.

Yes. As an accused you have a right for expeditious trail. In this case, the complainant is the main witness and her deposition is required to prove the case. If she is not appearing, you should move an application in the court asking to dispose the case at this sstage discharging the accused as prime witness is not appearing even after summons. If the concerned magistrate will not give relief what you want, then you should approach the High Court for quashing the case as your fundamental right of expeditious disposal has been infringed.

KS Johal and Samparan Sir, .. Thank you very much for you replies. I got bit clarity now.

Sir, Can you please explain what exact role will Public Prosecutor sir plays in these cases ?, as PP is taking adjournment and we hear only issue the summons to CW again and again. 
To progress from here, what possible application I can move.

Sir, I have lost all money in travelling, DV & family OS case and now not in position to afford quash expense. 

KS Johal Sir, Yes! you are correct, I'm the husband A1 and FIR registered in 2013, case came to sessions court becuase of IPC 307 section, after that till date no progress et all. Along with me there are other 5 my family members have been accused, my sisters are 1000 Kms away from the court. there are married long back. my parents are 65+ & suffering with health problems.

Pray for Speedy Trial (Article 21 of the Constitution) to dispose the case within 6 months before HC.

The order of speedy trial entirely depends on the discretion of the court. The applicability of speedy trial, would depend on the fact-situation of each case as it is difficult to foresee all situations and no generalization can be drawn.

File Pursis/application for speedy trial, wait for sometime (approx 1 month) and still no progress file application in HC.

 

Regards,

Zoheb Khatri