Dear All,
Since 4 years the charges in the 498A case are not framed by the Magistrate Court because in 2008 the High Court granted stay of proceedings including appearence exemption of Accused A2 to A5. For Accused-A1 the High Court did not grant any relief.
In 2010 Accused-A1 filed discharge petition U/s 239 of CrPC but Magistrate Court did not discharge and matter is posted for Framing of Charge since then charges are not framed U/s 240 of CrPC.
Now what is the remedy available to the Accused-A1 in the Magistrate Court to avoid physical appearence.... I am facing problem in travelling to Hyderabad from Bangalore.
In high court matter is not coming up for disposal hence case proceedings are struc at this point.
In while filed petition U/s 125 of CrPC and made allegations such that the charge sheet allegations in 498A care not possible ot happen .... is there any way to bring these facts before the Magistrate for consideration and aquittal of Accused-A1 based of the affidavit of wife in CrPC-125 case referring the section 161 and 162 of CrPC.
