Kumar...... (occupation ) 03 February 2014

Case duration

In last year 2012 August i and my family were acquitted from 498a, since the case filed by the lady was false. later after 5 months, in the month of Dec-2012 they filed for review and since then the opposite party has not attended the case. My question is for how many days can the judge wait for the complainant to appear ? it has been more than 1 year the case in lingering in the court. what is the way to get out of this mess.? can we appeal in the HC ?? whenever we ask our advocate to work on this case he says " trust me i will look into this " please advice

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5 Replies

Gautam Kapoor (IT professional Studying Law) 03 February 2014

You can apply in the high court for quashing the case

Dr J C Vashista (Advocate) 04 February 2014

Contest the case patiently, it is set to be dismissed. Thereafter, file case against her for defamation (Civil and/or criminal)

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Kumar...... (occupation ) 04 February 2014

Can we approach the HC for quashing the appeal and she didn't appear in 498a for 5 years until she was finally arrested and produced in the court, i have lost valuable time and money.

Dr J C Vashista (Advocate) 05 February 2014

Approaching HC shall be wastage of time, efforts and money as the case has to be decided by the same Court, where it is pending. Howver, under orders from HC (Article 227 of constitution) it can be expedited.

Orally submit or File an application in the same court to dismiss.the case for non-prosecution