Nitin (manager) 15 September 2015

Quashing against 498a/ delay in court procedings

I m bro in law to gal who accused her husband & family and eloped us (me & my wife) in False dowry claim

Against which i moved to high court for quahing of chargesheet last year Sep

Primafacie court granted interim stay and gave 30 days time to Gal party for counter affidavit, which they havnt till now( 1year passed).

ON second hearing judge asked his staff about recieving of order given in 1st hearing, and sent the order/notice agsin.

Now its been 9 months case is not heard in Allahabad High Court

My Few questions:

1. Will the case be pending until Gal side gives recieving of order ( as normally no body recives such order and bribe the postman). If yes is it possible to take it by hand??

2. How the case will be decided if court doesnt wait for any further recieving

3. What is the way of getting a date in High court, i had moved aplication in Nov'14 for early hearing also

4. Any other means is possible for getting a date and how much secure they are

Thanking in anticipation

Regards

Reply Follow

11 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 September 2015

Dear Sir, Take dasti orders and get them served personally .... Warm Regards Kapil Chandna Advocate 9899011450

Krishna Murthy Pasupula (High Court Advocate ) 15 September 2015

I am with Mr.Kapil Chandna in appreciating his statement

Shantilal Pandya ( Advocate) 15 September 2015

it is better to consult your own advocate on record since he will be in know of real cause of deay and possible actions that may be taken up.

Nitin (manager) 15 September 2015

Dear All Experts

Thanks for your input, court has sent them order /notice twice (in sep'14 & jan'15)

Till now there is no recieving, niether any hearing.

Please suggest for following:

If they dont give any receving , will court decide this in next hearing or again send them notice and how long it continues generally
Dasti mode - Courrt sends someone or we take it through some local lawyer.
I have moved an application recently in High Court for early hearing in 1st week, still any confirmed date of hearing is awaited
Is there any other means of getting a case listed on top prioirty

Shantilal Sir: My lawyer hasn't suggested for Dasti mode till now, and he only mentions that due to long pendency the case will be heared only as per your luck. You are just at mercy of God & Court authorities.

Regards

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 September 2015

Ha Ha Ha - - - - -- - - -- !

Please see my posts on the following link!

https://www.lawyersclubindia.com/forum/Criminal-lawyer-126418.asp#.VflDTtKqqko

Nitin (manager) 17 September 2015

Mr. Rocky

I know you are knowledgeable enough in this area, but was there anything to laugh about in my post.

If you say yes, Can you please way to proceed ahead... as m not involved in this case coz of my mariage but coz of my bro-inlaws wife.

Thanks

Nitin (manager) 17 September 2015

* not coz of my marriage but coz of Bro in law's

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 18 September 2015

Sorry Nitin, I did not laugh at you. I laugh at the system.

It is your time to think globally not within a narrow relationship.

Hope you understand.

windowsxp 18 September 2015

frnds, i posted for quasahing for my paretns and sisters who are reciding in differnt sate, resondent lawyer attended the case and he took two weeks time, could some one let me know do defence lawyer can post any evidence in highcourt to defend my case or police investigation office will represent case from his side?

Sudhir Kumar, Advocate (Advocate) 20 September 2015

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127176&offset=1#.Vf419n2N6gA

https://www.lawyersclubindia.com/forum/Evidence-submission-127184.asp#.Vf42CH2N6gA

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127090&offset=1#.Vf41_n2N6gA

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127242&offset=1#.Vf41732N6gA How

many threads you have on same query. What do you achieve by spearing facts on different threads only that full picture of case is never before the forum and forum cannot advise you correctly. You are loser.