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Sreenivas V (S/W)     27 March 2010

Help on 498A

I am facing the following problem with regard to 498A. Could any of you suggest me why this is happening.

There was a false 498A filed against me 2 years back. As usual I and my family gone through all the pains with it starting from seeking bail to other things. In Septembet last year it seems the actual trial started. The Judge asked the girls side to come to court and give the statements which they mentioned in the FIR. But from then onwards everytime they come to court but with some silly reasons they will not give their statements and go away. This is happening every two weeks from that period as the Judge puts next hearing for every week or two weeks in some times even every alternate day also. This happened many time which even I cannot give exact count also on how many times happened so far.

Finally in January the girl side now put a petetion saying the investigation did not happened properly and it has to be re investigated under section 309. The judge allowed this petetion for review and after arguments from our lawyer since January the Judge so far not telling if he allowed that petetion or not. Every time we go to court he says postponed to either 1 week or 2 weeks. This also happened almost 8 times so far. I want to know why Judge is not telling his decision on this and why he is postponing this many times. How many times more like this he can postpone his decision.

Heard JUDGE is a good person only from my lawyer and then why he is delaying like this so long we are not able to understand. IS it a common procedure in courts.



Learning

 3 Replies

Arif Iqbal (Advocate)     27 March 2010

Reinvestigation would amount to filling up of lacunae by the prosecution which would surely violate the rights of the accused. As Mr. Prabhakar said, you should move to the High court immediately for quashing of such biassed order.

Sreenivas V (S/W)     06 April 2010

Thanks for your suggestions.

Our advocate asking us to wait for one more chance and then we will go to High court if not finlized this time.


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