3years wife not attending in court 498a
dattaraj
(Querist) 27 July 2012
This query is : Resolved
dear professionals please help,
wife has lodged 498a allegations are totally false, withing 90 days police produced charge sheet in to the court since 3 years the matter is on evidence but wife didnt attended court court has issued warrant against wife and her parents but at the same time accused have been are totally present in court from long distance traveling when it is asked to court to compensate travell cost to the accused court said as follows-
1. u r accused hence u r not allowed to compensate.
2. it is not necessary that witness should attend in court.
3. witness not coming to court it is not court responsibility to produce the witness.
4. the matter in process shall not be stopped until full evidence.
dear professional advice and help for the following problems in court life:-
a. whether the accused r dont have any right to stop expenses on running court process with travel cost compensation.
b. is it not needful to attend court by witness if it is not then how the matter will close?
c. whether the dont have any responsibility to compete witness to produce in court?
ajay sethi
(Expert) 27 July 2012
you are the accused . have to attend court . the witness peresence is necessary only at stage of evidence . not at this stage .
dattaraj
(Querist) 27 July 2012
sir the said matter is pending for last 3 years, how many years it will go if wife not coming to court and neither her parents also.
Adv. Chandrasekhar
(Expert) 27 July 2012
In the criminal trial, it is the state's responsibility to provide all the facilities to the accused to attend the court and constructively participate in the proceedings. That is why jails are set up to keep undertrails there. The court will provide them conveyance on the date of hearing to ferry them from court to jail and from jail to court. Further, food is also provided every day. on the date of court hearing, the accused are fed early before taking them to the court. if the accused do not want to avail these government facilities, they can take "bail". Once they take a bail, there is an express condition that they will incur their own expenses to come to the court on the date of hearing and assist the prosecution of the case. So on that ground, you should not have any grievance. Next, accused have got one fundamental right, that is speedy justice. After the charges have been framed, you can move an application to produce the wife, the material witness in the case, as soon as possible, if possible in the first instance. After issuance of non-bailable warrant also she does not appear, you can insist that she is not interested to prosecute the case and as the material witness is not appearing, there is no necessity for further proceedings in the case and seek the discharge of the accused dispensing with the evidence of other formal witnesses.
dattaraj
(Querist) 27 July 2012
does that mean people should sit in jail until all evidence matter to save the expenses ?
i think jail is for punishment sentence of crime and its not for to put accused until acquittal.
even though it is considered that to the expenses of long city travel cost what abut the members who looses the job for attending court matters.
the question was judges responsiblity to dispose cases speedy to save innocent people from harassment
ajay sethi
(Expert) 27 July 2012
judgeshave to deal with huge backlog of cases . they are also human beings . as mentioned earlier witness need not attend court on each date . they have to come only when their evidence is being recorded.
you must have engaged a lawyer for the case . go by his advice
Adv.R.P.Chugh
(Expert) 27 July 2012
1. Accused is not entitled to conveyance and travelling allowance - colloquially known as DIET Money.
2. If the witnesses show disregard to court's summons and process - the court can force them to appear by way of coercive methods - Warrants or even Proclamation.
