Apoo 25 January 2016

Nri

I win the case of 498, in lower court ,now case in session court , appeal againt aquittal.

My brother and his wife are also the part of FIR, there case was separted ,yet they have not surredenerd as they lives in Austrila. warrant are against them every police come to our home to enquery about them & says in will take action against my parents if we will not call them to surrender .

we have filed case in high court to quesh case against them ,after aquittal fromlower court in same case against other members .

is it the right step?

second we filed the case but every month date extends ,in high court this is happening from last six month ,notice has been issued to the party,

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5 Replies

Adv. Yogen Kakade (+ 91 9225510883) 25 January 2016

Yes.. this is the right way.. your lawyer might be the right person to consult you as he knows the case details.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 January 2016

My opinion is,

This is not at all good for you brother and wife.

For these cases most of the lawyers and judge wishes to delay the matter as much as possible.

Once you will become vexed then they will propose for alternate dispute solution (i.e MCD, Mediation, Mutual Consent settlement) by paying money. Even if you try to compromise by paying money then also these corrupted people breaches any agreement/deed of MCD in a recurring way by taking half of the settlement money to get more money. In consequence, you become bankrupt. There is no sanctity for Law of Mediation in India. Indian judiciary repeatedly tells people to go for alternate dispute resolution such as - Mediation, counseling, compromise, consent etc, but even after the dispute is solved by consent, you can be screwed till death / SC for 20-30 years.

Now time has come to withdraw mutual consent law.

You should file WP in HC for your brother and his family since they were in abroad at the commission of the alleged crime and you already acquitted from it.

Please see my profile links for sample petitions and other clues.