Court appearance in 498a case

Yes, sir.  You must insist the court to dismiss the case outrightly as the material witness is not appearing to give deposition.  If the prosecution tries to bring faltu witnesses (police officials etc.-formal witnesses) to prolong the case, you insist that material witness (complainant) has to come into witness box first or other wise case be dismissed.  As an accused you can certainly ask the court for this your legitimate right. 

Let her get arrested and you take care of youself jst request court to dismiss her false petition but make sure she gets arrested

Indian law does not arrest the witnesses.  If you force the court for her presence,  she may be forced to come to court and give deposition against you. 

What to do if my EX is not attending court ?

What will the 498a wife do to harass you more after filing 498a - see has quite a few tricks and will test your patience..yes that is what she will do - if you do not give in to her whims and fancies ....thats what ur 498a girl is doing... understand this....she is the complainant. after the chargesheet is filed she is the darling-witness- of the court. the bread-and-butter of the case for the SHO,IO, PP & the magistrate/judge.

being a pampered darling-witness, the court does give-in to her tantrums and once in every 3-4 adjournments (after she failed to appear and depose in the court) the court directs the SHO or IO to personally be present, the SHO or IO would not come..then the magistrate would issue a bailable warrant..and lo....she wont come and the SHO/IO writes a letter(which is presented on the next date of hearing) to magistrate/judge that she's either untraceable, changed her home or out-of-station- country/watever. ..and what happens...another 2-3 adjournments. ..then the magistrate issues NBW....woww. ...the police go after her...locate her..and bring her to the court. her mere presence becomes an automatic ground for cancellation/ voidance of NBW. no penalties, no rebuttals, nothing.. why?  stupid...she's the darling of the case...can't you understand? ?..she deposes by way of giving CHIEF EXAMINATON either in full (on the same day) or partially(means chief exam adjourned for next date of hearing)...

now is the interesting turn...the status of your case will be listed in the causelist as PHT....partially heard trial. Once its a PHT case, the court gleefully waits eternally for her to complete her chief examination and cooperate for cross-examination.

the same may go repeated by the PW2, PW3, PW4 (who would be either mom, dad,uncle, sister of her) well...what are u options at this stage....only one....expedition petition in HC and getting an order from HC that the case be concluded in 15, 30, or 45 days !!!!

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Tips for getting a Speedy Trial, RCN, Look Out Notice You can file a writ in High court for Speedy trial(writ of mandamus: on which the High Court can instruct the lower court to finish the case trials within 2 months or some such specific time period), citing the instances of delay, caused by complainant( witness), by other reasons(submit certified copies of your court's Roznama for making these facts evident).

Also see https://groups. yahoo.com/ group/saveindian family/message/ 88665 and https://ipc498a. wordpress. com/2007/ 04/10/right- to-speedy- trial-is- a-fundamental- right-sc. Actually you can ask for quashing of the case itself(instead of Writ of Mandumus) in the written prayer,though you lawyer can ask the judge for Speedy trial verbally, if quash is not viable in your case.

If the complainant witness(Wife) persistantly absents herself, give written applications each time she remains absent asking the court to insist the complainant to be present for the next hearing(the court will tell the advocate and get his verbal undertaking, and record the same in roznama), after two applications like this in two different dates, put an application for issuing of bailable warrant since she has not obeyed the court's instructions for which her advocate had given a verbal undertaking/ assurance, in next hearing if the complainant is still absent , put an application for non bailable warrant.

The next procedure before you can apply for a quash on the grounds of non-appearance by complainant would be to issue a public notice by way of news paper advertisement( this is not mandatory, but this step will stengthen your quash case) Finally apply for quash if she still doesnt turn up.

All the proceedings which happens during the day of court hearing will be recorded in the Roznama, so get all concerned certified copies of roznama and use it in your Quash or Writ of Mandumus in the Highcourt. __________If the Complainant- Witness(Wife/ ex-wife) is an NRI_________ ___ In parallel to this, after she doesnt turn up after Non bailable warrants too, push the police to issue 'Look Out' Notice for ex-wife(which will ensure her arrest the moment she passes through the immigration terminals of an Indian Airport), then start process for getting Red Alert notice(RCN) to be issued by interpol, with this RCN you can approach UK court and get her side weak too. For RCN process u have to get in touch with SIF-US guys, especially Bala Golds who recently had wrote about an RCN related issue( this was with respect to saving one self from RCN, so this is the flip side of RCN strategy!) in the group: https://groups. yahoo.com/ group/saveindian family/message/87288.

she had filed private case. will above rules apply in this private cases also?

I am not a lawyer but think whatever you said applies when POLICE path is followed. Also, the place of case a taluka place, 250KMs away from my current hometown.. have been experiencing court procedure is faster at such places..

Dear SAMPAt you can approach to court and pray to dismiss the complaint. feel free to call

There is nowhere in forum author mentioned about witness I am assuming that warrant is issued against his wife who filed 498(A)

Okay disregarding my last post Mr. Ravindra has given a good explanation about speedy trial but why can't a witness A.K.A. petitioner can't be arrested?

Yes, it's against wife.

Hello, This is with regards to an urgent advice required from your team. My in laws have been falsely charged under two cases by my sister in law in 2009. Case I: Sections: 324, 342 and 34 Case II: Sections: 498(a), 406, 34 of IPC In both the cases, they have been wrongfully charged. At the age of 75 and 65 my father in law and mother in law are senior citizens who are being forced to attend hearings where the complainant is conveniently not turning up. Is there any possibility of asking for the dismissal of the case when the material evidence has been perpetually missing despite the warrant being issued. Need your urgent attention and help on the same. Regards, Kanika