Evidence close

Hi,

Have you submitted evidence close applications?

If, Yes and after many chances also if Judge is not closing the same , then write to Principal Judge of your district in a letter that so and so is happening in your case and Judge is not closing her evidence and your personal liberty under section 21 of constitution of India is hampered.

If nothing happens , collect the certified copy of Rojnama and the letter u sent to Principal Judge and applu for speedy trial or quash in High Court.

Collect above 2 , they will help you in speeding up the process.

All the best.

You have to move an application under Section 256 of Cr.P.C. seeking the acquittal of the accused on the ground that the complainant has not appeared for the prosecution despite several summons served upon her.  It is difficult at H.C. level to find out Section 256 relief only in S.498-A cases.  But the S.C. guidelines about how the magistrate has to exercise his discretionary power while exercising powers u/s. 256 are helpful - Associated Cement Co. Ltd. Vs. Keshjvanand (1998 Cr.L.R. 856).  The accused has got a right for speedy trial.  So, it is the magistrate's responsibility to strike a balance between the conflicting rights of accused's right of speedy trial and the complainant's right of full and proper adjudication.  But, if the complainant absents herself without having any reason, certainly the balance tilts towards the accused. So, in your application, you have to give date wise proceedings that on which dates she was summoned, how she did not appear without assigning any reason and the mechanical adjournment of the case glaring over the travails the accused faces to appear criminal trials.  While drafting this application, keep in mind that if your application is rejected, you would be going to H.C. under Section 482 read with Art. 20 of Constitution of India and also U/Art. 226 and 227 challenging the magistrate's order of continuing the criminal prosecution.  So, craft the draft meticulously.  For your benefit, I am quoting the relevant part of the above said judgment.

“4. The Supreme Court in the case in Associated Cement Co. Ltd. v. Keshjvanand,1998 Crl.L.R. 856, has held as follows—

‘Two constraints are imposed on the Court for exercising the power under Section 256. First is, if the Court thinks that in a situation it is proper to adjourn the hearing, then the Magistrate shall not acquit the accused. Second is, when the Magistrate considers that personal attendance of the Complainant is not necessary on that day, the Magistrate has the power to dispense with his attendance and proceed with the case. When the Court notices that the Complainant is absent on a particular day, the Court must consider whether personal attendance of the complainant is essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to any other reason. If the situation does not justify the case being adjourned the Court is free to dismiss the Complaint and acquit the accused. But if the presence of the Complainant on that date was quite unnecessary, then resorting to the step of axing down the Complaint may not be proper exercise of power envisaged in the section. The discretion must, therefore, be exercised judicially and fairly without impairing the cause of administration of Criminal justice‘. ”

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But the thing in Section 498-A is that the complainant is the only and only material witness.  Her absence and lack of her evidence before the court is a sure thing that the accused will be acquitted.  Other witnesses, except MIL and FIL are formal witnesses and prove nothing without the deposition of the complainant.  So, if the magistrate adopts dilatory tactics of prolonging the case by calling formal  witnesses without first presenting the material witness is the exercise in frutaility.  On these lines you prepare the application to get favourable orders either before the magistrate or if necessary before the High Court.

@FightForCause

Thanking you very much by heart

Have you submitted evidence close applications?

No, i didnot submitted evidence close application, because

[1] i was thinking that i must go for speedy trial and issue an arrest warant to wife

[2] i dont have any idea about evidence close application, this idea was given by my advocate he told keep patience " itne samay tak deeraj rakha thoda aur rakho, case jada se jada 6 months delay hoga,,, lekin prakriya ko apne hisab se chalne do, thodi si hadbari me sara khel bigad sakta hai... wife side ko confuse hi rahne do... next date par evidence close ki application with citation , ruling , judgement ke saath laga denge, tab tak aap bhi home work karo mai to laga hi hu

[ one thing i would like to clear is that my advocate is my friend, close relation with him is that he is my uncle (Mama) and he wont cheat me ,even he is not taking money he is the only one who guide me and result is that i won RCR, the judgement is of 17 page and lady DJ wrote " pati ne mansik rup se prtadit kiya na shririk rup se patni ko adesh*t kiya jata hai ki wo pati ke saath rahe " judgemnt date was feb 2010]

If, Yes and after many chances also if Judge is not closing the same , then write to Principal Judge of your district in a letter that so and so is happening in your case and Judge is not closing her evidence and your personal liberty under section 21 of constitution of India is hampered.

If nothing happens , collect the certified copy of Rojnama and the letter u sent to Principal Judge and applu for speedy trial or quash in High Court.

Collect above 2 , they will help you in speeding up the process.

i will surely do as you advise as i am also hoping something like that but i was not getting the right way i was confuse my advocate and i discuss on each and every minute thing for many hours and then we proceed he also suggest me something like that , he is expert in his field and i used to irritate him by asking many question he is calm , less spoken but hard working he satisfy me by work by in court result come very late so i get irritated.....

here your reply resolve my query so thank you..

@Adv. Chandrasekhar

sir i read many of your post and reply but first time i am thanking you by heart , your detailed reply help me lot...

i understood what you want to convey related to my query

i had applied for discharge but application was rejected by order that "at this stage no document will be admissible reference given by devendra nath padhi odissa judgement"

we are not applied for 482 as Highcourt advocate [jabalpur] told me that " i had studied your case and in your case surely you win and get aquittal but by 482 you will get justice and you will not able to claim high damages so best way is to contest your case and get aquittal first also 482 take long time, by your case judgement many other cases will also help you to win" so better contest your case call the witness for evidence as the case is false they will 100% fail first in attending the case if they appear then they are not even able to describe the actual facts as mentioned in FIR you have strong evidence and more than suffiecient material for your win keep patience

secondly 482 took long time more than trial

my mental condition is i am losing patience , i have not seen my daughter since last two years as i win 498A then i have to file many counter cases... almost all cases which are possible to file

yes such lady should be punish and this will be landmark case for all.....

thanking you sir. if possible please provide me the judgement exactly mathching to my query

the judgemnt of swarna kaur Vs gurdev sing criminal cases 437 ,2004{3} P&H from punjab and haryana highcourt is same but i am not able to get it .... i read about this in criminal case digest ....

please do help me here.

You could not understand my posting. There is a difference between section 482 cr.p.c. petition for quashing F.I.R. or acquitting the accused on the ground of non-turning of complainant to give evidence.  The difference between the two is like sea and sky.

@ Adv. Chandrasekhar

sir i understood, yes there is difference between 482 Cr.p.c in march i go for 482 but senior advocated of jabalpur high court suggest me as i have mention, my real younger brother age 40 yrs he is advocate in hgih court and he is assisting to senior advocate age 83 yrs he told me that.

now at present i decided to face the trial and in that trial wife is not coming...

i want to take advantage of her wrong on every mistake on each step................ after 498A i have to file almost all counter cases and i think each case will depends on her outcome what she speak or submit in court under oath, her presence is helpful to me if she is not coming then also i want to take its advantage

as case in court like MIND CHESS so every move should be understood by petitioner/respondent if any one is weak or having lack of knowledge about law is his/her fault.... i am not from law background but i am fully applying my full energy . time almost 20hours to win the flase case as i am innocent male trap by b*tches , if i keep quite the next day some other and ratio keep going...........i leave my job for sake of my daughter.. but custody will be frutiful after winning 498A

at present my concentration is on 498A, and thanking you all experts who are guiding very well and honestly.

as i am not from law background so please if i argue on any point then instead of getting irritatated please forgive me , it happens    as you experts know fate of every case and you have experience and prediction of result of every move from both side which normal person like me cant imagine...

i can assist you all , but never stand in any manner in front you..

your guidance and discussion here is helpful to those people also who are not posting there query but they are taking advantage from this . i am also taking guidance from other posts indirectly.

no words to thank their valuable comments/suggestion their work is as great as social work

i really thank you sir and need you help in future also................

If you have already decided about what is to be done and how, what is the necessity of seeking an advise from this forum.  Learned Advocate Mr. Chandrasekar has very elaborately and properly explained and rendered a very appropriate opinion to your query, but it seems that you have a different notion in your mind, if that is the case, you could have posted your initial query from that angle itself.  atleast ld. Mr. Chandrasekar need not have strained to this extent.

@T. Kalaiselvan,

Sir i think you have not read my reply properly,

what to is not predecided , it depends on situation and coming circumstances.

what is going on present i mention this clearly, and form there only the necessity of seeking an advise from this forum or from any where arise...... what to do if that will not happen?

here i mean if wife is not coming for evidence then how to proceed in best way and in effective manner i asked this only?and need suggestion on it....

if she come for her witness then surely we are going to cross examine her....

this was my point of seeking advise from forum or from experts

now coming to you...please dont mind=== A healthy discussion , and clear cut elebration and most properly and perfect explantion is given by Adv. Chandrasekhar... and i felt he is giving perfect and excellant guidance so i discuss my problem in detail with him... already i mention i am not from law back ground.... and how to satisfy a client is to be done by advocates?

i was in confusion and chadrasehekhar sir explained it very well.... the same thing you can also able to do but  i think you are feeling jealous how Chadrashekhar explained this very well and you cant?

that's why you appreatiating charashekhar sir in negative way and stopping him to add furthur in my query... if you know some thing then your suggestion are also welcomed even we appretiate your critics but this critic is not constructive?

you are trying to stopiong me that if i know all the why i am asking query?

sir , it is duty or say moral duty of every knowlegable person that if any query arise in front of him he must solve and explained it , if he is not able to solve or he is not willing to solve better avoid it? but you are indirectly giving direction to Chadrashekaher sir not to say anything as i have made my mind how to proceed this is not a correct way from experienced person like you.

a simple example-- if a child healthy child of age upto 6 to 7 years begging in front of you and your friends, one of your friend giving him some rupees but you stop him not give money as such type of begger use your rupee for smoking , drinking etc.... now

[1]you are capable of helping him but you are not helping the poor child?

[2] you have your  own preasumptions that he is smoker , drunker etc ?

[3]  you are stopping your friend not to help him?

you are good human being but all the three are question shows that you have jealusy with your friend, you are not able to help the poor child , and  you are stopping your friend from helping him..

now there is group of many freinds with you , why you alone stop your freind not to give money, why not your other freinds did this?

how you say the boy is smoker , drinker etc? why not the same thing other says

T. Kalaiselvan,sir please think over this and always try to be helpful to others---

"NEKI KAR DARIYA ME DAAL" agar koi proglem aap solve kar sakte hai to karne ki koshish karen ho sakta hai saamne wala confuse , disturb hai isliye to aapse help mang raha hai , taki usko koi raasta mil jaaye, na ki usko depressed karen aur depressed karne ki taqat hai to pahle usko sahi rasta dikha de -- jaise bheek mangle wale bacche ko koi job lagwa de wo bheek nahi mangega,

agar wo smoking karta hai ya drink karta hai to usko ye aadat door karne me madad karen ,

aapne bhi meri wife ki tarah sirf ilzaam laga diya, jabki maine clearly likha hai i am not from law background , i have confusion , i came here how to proceed in best way? i now how to proceed but you people guide me how in best way...... CHALNA MUJHE AATA HAI PAR SAHI AUR BEST RAASTA AAP LOG DIKHO ISLIYE MAINE aap logo se query ki...

chandrashekar sir thanks you advise me properly , if T. Kalaiselvan, know much better or similar to this you also please advise.... as this forum is of intelctuals all are giving their best.... aur to sabki rai me best hoga, usi tarah hi aage bada jayega....

isliye maine apni query ko clear karne ke liye mai kya soch raha hu wo bhi clear kiya, agar iss se bhi behtar kuch hoga to wo aap suggest karen mai waisa hi karunga....

AFTER ALL I HAVE TO WIN MY CASE....IN BEST WAY....Again thanks to T. Kalaiselvan, sir he give me apportunity to explain my side , i also need his suggestion and guidance.. i know he is one of the best expert in law field T. Kalaiselvan, agar mai kahi galati kar raha hu to aap criti cise karne ke bajaye meri galti ko sudharne ka kasht karen isliye maine apni idea aap logo ke saamne rakhi................thanks to all expert..i hope you all will understand what i want to say...

I strongly object the motives attributed against Mr. Kalaiselvan.  He has nothing to be jealous about me, as he is better than me in all respects.

(LAST RESPONSE)

sir , it is not my motive whatever i said i wrote there " i think",

if you are he get hurt by those word then i say sorry to both of you, but again request him please understand what i queried and what is purpose behind it?

by saying He is better than you is your greatness...

no doubt he may be better than but i told after his post, and if also come in my place then you or anyone will reply like that,,

if patient get relief from any doctor then that doctor is best for him, no matter what is the level of that doctor he may be RMP, MBBS, MS OR MORE THAN THAT

JAB EKLAVYA KO MATTI KI MURTI SE HI SHIKHA MIL GYAEE JO JEETA JAGTA DRONACHARYA NAHI DE PAYA TO KYA FAYDA AISE MAHAAN DRONACHAYRA KA EKLAVYA KE LIYE,

You mention that it is your last response it is yor wish & choice, i have no personnel grudge with Mr. Kalaiselvan sir i am a normal querist , and seek guidance suggestion and from expertes on legal point , i discuss my condition and whatever the best way anyone can know or suggest is his/her own choice,,,,

this much matter comes only after Mr. Kalaiselvan sirs response , specially he told

== what is the necessity of seeking an advise from this forum.==

atleast ld. Mr. Chandrasekar need not have strained to this extent.

if a teacher explaing each and every thing to a student and if he explain some more then there should be no objection to any other teacher...................

how in short one can ask or put pointed query here? if query is long then no one will read...

still my query was --- very short and pointed and chandrashekher sir explained very well,

any way no more to add thanks to atleast ld. Mr. Chandrasekar and Mr. Kalaiselvan sir.

still i request to others experts and both if they can add more and new to query then they are welcome and i am thankful to them..........

prashan kaise bhi ho jisse sabka fayda ho bhala ho aur hame answer aata ho to manav kalyan hetu hame uchit smadhan karna chahiye------- LORD KRISHNA..

WISH YOU ALL  A VERY HAPPY DEEPAWALI

My original post is

498A filed by wife in 2009, since may 2014 notice, summons issued by court to wife to appear for evidence but she is not coming.....

After sending Notices to SP and TI of wife's area by court , in last date wife appointed one Private lawyer , he came for hearing and submitted his vakalatnama and appkication of wife for non appearance of court for one day as she is not well to attend the hearing but judge refuse her application and by giving her next date warn her that warrant will be issuded if she fail to appear in next hearing.

Querry is :--

[1]can she appoint a private lawyer at this stage ? already her case was contested by govt lawyers?

[2] she had not appear after court sent many notices almost since last 8 months when notice was sent to SP and TI of her area then she any how mange to appoint an advocate .but at last notice issued and message conveyed to her.

i want to know that her such bad practice will not made her rough/rude image in judges mind.

and which goes in my favor liittle bit?

[3] Can i object that her new lawyer is contesting the case? at such late stage?

any suggestion from you all experts are heartly welcomed please guide how to fight with such false and fraud case of wife/////

thanks