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498a case

(Querist) 21 July 2017 This query is : Resolved 
Hi Experts,

My family members and one of my relative have been facing 498a case. The police have filed the chargesheet.
Before the chargesheet was filed, my relative filed quashing on the HC but only got a stay on the her. The case not progressed at all after that, my advocate said we'll see what the HC says in my relatives case and then we'll also appeal in HC. But HC did not pronounce anything and my relative has the stay. It's been over 2 years now but HC has not done anything and our case is not moving in the trial court.

After waiting for 2 years we filed a Discharge Petition for our family members but the judge just give next dates.

How effective is Discharge Petition in the trial court? My advocate that there is very less chance and the trail courts are afraid of HC asking them why did they release so easily and the trial courts will be accused of taking money. So the trial courts will not release anybody. Is this true?

I mean without any evidence how can we be attending the courts for years and what is this politics between the HC and Trial courts?

What are the next steps at this point to expedite the Discharge petition and what if the trial court does not even release anybody(even ladies) when they have no evidence in the case attached by the police and the whole complaint is based on oral story.
Rajendra K Goyal (Expert) 22 July 2017
Have follow up with your lawyer at high Court.

Courts are overburdened, procedure has to be followed.
P. Venu (Expert) 22 July 2017
When the matter is pending in the High Court, try to expedite the final decision.
R.K Nanda (Expert) 22 July 2017
agree with above experts.


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