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Bijay Jena (self)     23 December 2011

Complainant not attending court

False FIR was filed against me and my whole family u/s 498 a and other dowry laws / women laws in 2007. Police submitted chargesheet in  December 2009, since then only 2 witnessess have come to the court for trail but the main complainant and her family are not coming to the court, though she  attended the court for other cases like maintenence, child custody etc. Though the govt laywer in not even attending the case / nor any time petition. we have filed a memo for droping / discharging the accused (myself and my family), but still the application for discharging us is rejected. Why are we not entitled for speedy proceeding / self respect, by such is the law not doing unjustice to us. How can I get relief?



Learning

 9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

Move HC under Article 21 of Indian Constitution.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Ratnesh kumar (Advocate)     23 December 2011

since it is a g.r. case , so complaintaint attendance is necessary , but govt. pleader should bring the witness and if he is not doing this ask ur lawyer to move bbefore your court to close the prosecution witness and pass the order.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 December 2011

file an application through you lawyer for closed the prosecution evidence & start your defence evidence in this regard.

feel free to call

Bijay Jena (self)     24 December 2011

Thank you, I will surely consult with my laywer.

Bijay Jena (self)     24 December 2011

Thanks Mr. Shonee Kapoor I will surely consult with my laywer regarding this section.

Bijay Jena (self)     24 December 2011

Thanks Mr. Nadeem Qureshi for the advice.

Bijay Jena (self)     24 December 2011

Thanks Mr. Ratnesh kumar for the advice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

The courts I have seen generally don't close prosecution evidence for long./

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     24 December 2011

Dear Jena,

I agree with Mr. Kapoor. You can approach High Court for speedy trial or move application for closing prosecution evidence. but my opinion is don't be hasty, prolong your case as long as you can. I am sure sucess will be yours. This is the basic principle of criminal practice to prolong criminal case.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640


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