Rahul 02 June 2016

Ipc 509 misuse

Hi,

I was booked under IPC -509, the statement of the complainant was "I called her panauti and my day would now go bad." I haven't said anything like this and still I was booked.

It's been 1.5 year and the complainant would not show up in court. I've went to court 4 times till now and nothing happens, my lawyer will just tell me the next date of hearing.

Even when I approached the complainant I was told that no settlement can be done until court summons comes. Also not sure how she wants to settle the things.

Please guide me what should I do since I'm stuck with a case pending and it's affecting my career.

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 03 June 2016

She must have been represented by her lawyer,find out from the court.

Pawan S (Advocate) 03 June 2016

The plaintiff is a woman, so in the general tribunal will resist to take such action at this stage. It will give ample time to the complainant before issuing warrants.

But it entirely depends on the discretion of the court.

At this period of time, pray the court to call the plaintiff. While praying highlight your hurdles that you are facing.

Rahul 04 June 2016

The lady which has filed the complaint is a lawyer herself.

My lawyer has still not framed the charge in front of the judge. Are the summons issued after the charge is framed?

Also is there a way to speed up the process because everytime I get court dates after 3-4 months.

Pawan S (Advocate) 06 June 2016

"My lawyer has still not framed the charge in front of the judge. Are the summons issued after the charge is framed?"

Answer : Yes

Also is there a way to speed up the process because everytime I get court dates after 3-4 months

Answer:

Apply for quashing first, then apply for speedy trial before HC. If prayer for quashing not granted, then pray for Speedy Trial (Article 21 of the Constitution) to dispose the case within 6 months.

But the order of speedy trial entirely depends on the discretion of the court.The applicability of speedy trial, would depend on the fact-situation of each case as it is difficult to foresee all situations and no generalization can be made.