My family members and I, 8 members in totaly are accused and dragging to the courts in a false 498A case. No progress in the case. Bench clerk gives a date on which judge will be on vacation. from the past 4 years I hardly see the judge thus, no progress from the summons to witness stage. How can I speed up the case. There were no allegation levelled against my family members in the FIR, just because of my blood relatives they have to suffer along with me. Is it possible to file a quash in HC? What all the necessary steps can I take? I beg experts kind attention and advice. "498A VICTIM"
Case is false or true, is the subject of trial and the established evidence before the trial court. However, if the process has been issued against the accused by the concerned court, then you can only file revision under section 482 Cr PC in the H.C. But please bear in mind that hardly the case is quashed, if there is no abuse of process or injustice to the accused. Faulty investigation and illegal investigation can not be injustice. You may also petition the HC to expedite the hearing in the trial court of your case.
Respected sir, No evidences are submitted against accused. Framed charges and allegations, They knew the case can't with stand at the court, thus, dragging the case. Any other possible actions to be taken? Is it possible to change the court as there is no judge since a long time? Please advice.
Dear Rakesh, the stage of framing charges itself is like half trial, which it seems was not attempted to by your defense lawyer, as you have posted that there wasn't any allegation in the FIR against some family members. However, since, the trial judge is not appearing in the court, then please file petition before the HC to do the needful. (I mean either deputing some other judge/ transfer the case to some other court). Regards.