My wife has filed 3 different cases separately under 498a, 406 and DV. All cases are at different stages:
498a - filed through police FIR - chargesheet filed and charges framed 1.5 years ago
406 - filed as private complaint - cognizance taken by magistrate
DV - written reply to their allegations submitted by us
Now I have a few questions:
1. In DV case, which was filed before 406, my wife had submitted a list of articles and requested court to recover the articles. After that, she also filed 406 with same list. In niether case any reciepts or evidence is given. Does this become a ground for quash of 406, that we already being tried for having those streedhan articles in DV. Does this not mean double jeopardy? Is there a leading judgement or precedence where second case under different section but same offense is quashed?
2. In 498a, charges have been framed for 1.5 years. Since then there have been about 25 dates. But prosecution has not produced a single witness (they are deliberately delaying matters). They tactically come on days when judge is on leave, or lawyers on strike, and are absent otherwise. Once they were present and judge asked them to give testimony, they said they are not prepared, give next date. Can we do something against this tactical behaviour. Can we ask for speedy trial based on this? How fast actually is speedy trial? Do we need to approach HC for speedy trial?
