hi, experts
last date was fixed for final argument but on that day prosecution file application u/s 311 crpc for calling I.O. and Pw.3 (whose chief not complete). the judge dismissed the application and asked to do argument. The prosecution file adjournment application as he was not prepared and request to fixed argument on next date. yesterday the pp file application to stay the proceeding and argument in the matter has prosecution prefered writ petition u/s 482crpc and article 226 before high court against the order of prosecution evidence closed i.e. xx/06/11, xx/12/12 and xx/02/13, my side argu that since to filing details or high court order for staying this proceeding file by prosecution. there application for stay be dismissed, however court gives next month date to pp for filing details and stay order of high court. the court has closed evidence of prosecution in year 2011 after giving plenty of oppurtunity and accused statement recorded and kept for final argument, thereafter prosecution/complaint file application 311 crpc for calling i.o. and m.o. after which the m.o. was examined on sep'2012 and after 4 months/5dates court closed evidence for i.o. etc... and kept for final argument, again prosecution file appln. 311 crpc on xx/02/13 to call i.o. and pw.3 court rejected the prosecution appln with detail order and fixed for final argument.
This trial is running since 2005 and consumes 110 hearing dates, but prosecution / complainant lady ex-wife does not want to conclude this case at earliest and dragging the matter for want of evidence.
Note. 3 times prosecution evidence closed by court and kept for final argument.
queries.
1. is prosecution petition prefered in high court u/s 482 crpc and article 226,227 is technically valid against JMFC order in trial of 498a IPC case.
2. is the accused person be called in high court to answer the writ petition of prosecution.
3. is all the accused persons needs to attend petition in the high court. (old parents are involved in case)
4. how i should prepared or protect ourselves on this unnecessary writ petition. kindly advise any remedy avail.
any citation in this regards.
