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Raja_498a Victim (Manager)     27 October 2013

498a trial - need inputs

Hi Experts,

My 498a chargesheet has been filed in October 2012 (Last year).

Till now 7 appearances were over and examination itself is not done. Next date is in December.

There is nothing in chargesheet, just cut and paste of FIR with all bogus and false claims. CI took 20,000 from her and put all false allegations in chargesheet without any enquiry.

No injuries and no medical reports in chargesheet. She didn't even stay 8 months and no kids for us.

She also filed DV case and is running in trial court.

Please advise following.

1) I would like to expedite 498a trial as I have evidences to show her claims are false. I have security register which show no witness came to our Flat on mentioned date in Chargesheet which she calimed, I harrassed her mentally.
I have enough evidences to defend myself.

2) Can I get directions from HC to expedite 498a trial.

3) Can I ask for timebound to complete 498a as I have enough evidences to show allegations are false.

Please advise.

Thanks.



Learning

 5 Replies


(Guest)

yes you can...Expedition and proper disposal of cases by JM at lower court  can be ordered by HC U/s 483 crPC .

Raja_498a Victim (Manager)     27 October 2013

Thanks for inputs.

How about Time bound? Can we ask the same?


(Guest)

yes you can request for the same but however it depends on HC to see all the procedure and examine such time frame or not.

Rajaramana RV (Employee)     28 October 2013

Dear Raja,

HC will give you timebound time to finish the case in next 6-9 months. State in your petittion to High Court that it is affecting your family's health and you would like to expedite the case.

So just for us to know to advise you further regarding your case, what has happened in the 7 appearances that yu have had. Has the court heard the complainant in court? Have they asked you for your version of the story? When did framing of charges happen in terms of duration from which chargesheet was filed?

Raja_498a Victim (Manager)     28 October 2013

In 7 months Nothing happened..Just attendance.

Wife's relative is influencing the case. He knows PP and looks like he bribed him and delaying the case. The plan is to harrass and to get money from DV.

DV also, they made it ex-parte without my knowledge and got order IM 8,000 per month.

I went to HC and got orders on ex-parte to set aside. Now they filed new IA and asking 20,000 per month.

But that is not going to help them as she is getting 40,000 per month and no kids for us and she herself left home and filed 498a and DV.

I have all proofs her income 26AS, 2011,2012 and 2013 years shows she is getting 40,000. Last month she got hike from 40,000 to 45,000 and total arrears came as 1,05,000 and entry is available in 26AS.

I am only feeling that despite, I have all proofs and evidences and getting delayed.

Even 498a also will not take more than 1 month in trial for me, in case of speedy trial. Only her mother and Driver of her relative is witness.

All bogus and false allegations that I hit and harrassed her and asked more dowry etc.

There are no injuries and no one from neighbours are witness. Police didn't do any inquiry.

The date that they metioned, I have security register of apt where entry is not there. So there is no question of harrassment.

Wife bribed 20,000 to CI and booked false and bogus case on me and my mother just to harrass and to leave my parents and wants separate family.

CI himself told that this case will not survive in the court and hence they are delaying.

So please advise, is it wise step to go HC and get orders?

Thanks,

Raja

 

 

 

 

 


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