498a 3 years still not proceeded a inch

Has the charges been framed, from your brief it seems that the matter is on evidence. You should request the judge to proceed with the evidenec in a time bound manner.

YOU CAN ASK THE MAGISTRATE TO APPOINT MEDIATOR OR FOR A JUDICIAL SETTLEMENT UNDER SEC.89 OF CIVIL PROCEDURE CODE OR REPORT THE MATTER TO THE LEGAL SERVICE AUTHORITY IN THE HIGH COURT BOMBAY.

Hi Mani,

false 498A will be filed by girls just to harras men, if it is true case the case will be done fast. What is happening here is the case will be delayed like that untill your lawyer asked seriously to start the trial. Normally lawyers will not go to that extent as they will have many cases and no body wants to become bad with Judges. Why the cases will be delayed is that once you get vexed then they will make you to go for settlement, then a money price will be fixed.

But you want to fight then you need to wait till trial starts, or you can go to HC and get directive to do the case fast, but for that you should have some sutable reasons to get that order from HC.

In my case also we went to HC and got spped up order from HC, HC told to finish the case in 6 months but it took actually 2 years to complete after getting speed up. Total time it took is 5 years. The main reason for this delay after getting speed up is that after getting speed up for one year there was a bad judge who did not moved the case at all, luckly after one year he was transferred.

Kindly let me know what my lawyer must do to get speedy justice?

All he has done till now is oral submission to court to get the case qaushed as nobody is turning up.

Present judge gives very long dates. I have been writing to President of India, Chief justice of Karnataka,

Police commissioner and all other higher authorities to help me in getting speedy justice. Will my

present trial be stopped if I move to high court to qaush the case?

    How long a case be in evidence stage in trial court? Is there no limit?As nobody ( my wife, witnesses, IOs) are turning

up,  why is it mandatory for me to be present in the court?

As an accused, your presence is mandatory at all court dates, because this is one of the conditions of your bail.

W.r.t. Evidence of witnesses, first check, whether the summons to the witnesses has been served and if the same has been served, push for the warrants of the witnesses. (This is just a procedural thing I am telling, if you/ your lawyer don't want to cross the witness, then just keep taking dates)

Hi,

 After getting dates every 2.5 months since last year, I am going to apply for quash of the case in High Court.

Since last 20 dates my wife came only 3 times in the court. She took time for cheif examination and did not turn

up after that. I hope I will get some relief in High court. The present trial court judge does not want to do anything and

just gives very long dates despite requesting him to give short dates.

Mani

Mr. Shonee / everyone, I have a question to ask.

If any case of 498 A is presently in the state of EVIDENCE stage, then can a accused (myself ) give/submit written arguments to counter the allegations.

My lawyer says that , let the case go to trial stage and with the evidence we have we will win the case. But, I want to know, since myself, my mother and younger brother has been booked in this case, and I strongly believe that if I will be given the chance to present the evidence and my side of the story then I can prevent at least my mother and brother to get the charges framed against them. But, my lawyer is saying that it is very rare and he has seen none, where the judge genereally dismiss before the framing of charges ( before trial). And he also says that if we give evidence now then our case will become weak as the opposite party will get ready with the replies during the trial stage.

So pls , guide me what should I do, as I Don't want my family to get any more sufferings because of my one wrong doing (love marriage). PLs help....

Thanks shonee ji for provideing such a good advice i am very thankful to you 

You can not give written arguments to close the case while the evidence is still not complete.

You may just pray for the speedy trial.

Regards,

Shonee Kapoor

What if evidence never completes? there must be a way out. 

Immediately go to High Court in-person and apply for Speedy Trial.

Please see my posts in the following links: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Out of my post, I think, SPEEDY TRIAL petition is most simple and easyer to win since it is your right as per Articles 21 &14.

Please start with your in-person lawyer career with at least that.

Please see my posts in the following links: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Good Luck!

Thank you so much Shatyaprakashji, by in-person, are you suggesting that no lawyer needed for this? 

Yes exactly.

Go without lawyer, file, argue with public prosecutor and judge properly, prey properly and win. It takes hardly 2-3 weeks only.

Good Luck!