LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dismissal of 498a case

Querist : Anonymous (Querist) 13 January 2019 This query is : Resolved 
Sir,
In a false 498A case against my son for cruelty, the petitioner (his wife) has been absenting for the past five hearings (9 months) after recording of incomplete evidence due to lack of time on the date of recording of evidence. NBW has been ordered by the Magistrate on all five occasions, yet the complainant has not complied. On the last date of hearing the concerned police have submitted before the Court that the complainant is not traceable. There are no eye witnesses in the case as is evident from the charge sheet.How can the case be dismissed earliest, as our lawyer feels that we must wait for another two hearings to see if the complainant turns up or not. Please advise.
Thanks
Vijay Raj Mahajan (Expert) 14 January 2019
Section 498a etc. IPC criminal complaint case is State case that the Court will adjudicate on the basis of what public prosecutor state in court.
The prosecution evidence should be requested to be recorded as well Statement of the accused u/s313 CrPC to complete the process and then final order of court come.
The complainant wife not appearing as witness will help in dismissal of the complaint case.

Querist : Anonymous (Querist) 14 January 2019
Thank you Sir. The prosecution evidence can be recorded only if the prosecution witnesses appear in Court. The charges against the Accused were framed in April 2017. Since then the Complainant wife has appeared only twice to record her evidence (which is still incomplete for paucity of time with the Court) and the other witnesses (actually fake witnesses created by the police) have not turned up for the past almost two years, despite NBW against them. Is there no other way in which this case can be dismissed earlier?
Vijay Raj Mahajan (Expert) 14 January 2019
The statement of the accused be recorded u/s 313 CrPC and the court requested to close the prosecution evidence after recording evidence of formal witnesses namely the police officials, if no informal witnesses appearing, that is the way out of the case.
Isaac Gabriel (Expert) 16 January 2019
Delhi HC LPA 736/2013 date 26/05/2014 where you can find solution.
KISHAN DUTT RETD JUDGE (Expert) 16 January 2019
Dear Sir,
If you able to convince the prosecutor on humanitarian grounds the prosecutor may submit before the Court his case may be closed and accused may be acquitted as witnesses are not traceable.

Please mark “LIKE” if satisfied by my answer.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query