WITNESS NOT APPEARING IN 498A
R.SHAH
(Querist) 01 December 2010
This query is : Resolved
Dear all,
my case is of 2005, lady has filed false 498a n others on me and my 5 relatives.
P.W.1 , 2 is over p.w3 her father witness is running sinec march 2009 to tilldate. were he comes 1 date and remain absent for 2 dates and whenever judge or mysde insist to give witness, give reason of not well, mentally not prepared etc.. total 30 dates where consumes and out which 13 dates he reamin absent and rest he avoid to give depostiion and escape with unvalid reason.
on couple date back judge imposed fine and put condition next date you have to give deposition, thereafter he remained absent and not pay fine after giving in wrting on next date i'll pay fine when order is givn. he filed complaint agisnt judge has she imposed fine on witness. since judge has given short dates, but he won't comes to court. now we got another short date. today i have file appln. for perjury comitted by p.w.1 for conducting inquiry and necesssary order, and appln. for dropping witness and proceeding for I.O's of the case. judge relied you have to file complant in upper court.
note. complaint got re-married on 10 months back,
kindly advice me how to proceed in the case to finish soon.
1. my dropping appln. is right time plac ebefore court, after p.w.3 tooks 20 months and in listed 10 witness are there.
2. my perjury appln. will be entertain at this satge (p.w.1 deposed on 08/05/05).
3. what action should i take against the complainant /witness.
4. trail court have power to dismissed case when witness willfully/intensionally not coming to delay and hang accused in trail. (on evry date i put one appln. of non appearnace of witness and necessary order)
suggest me the wayout so that i can onvince the trail judge to give necessary order on my steps in way of appln. for calling I.o's and dropping P.W.'s
regards
adv. rajeev ( rajoo )
(Expert) 01 December 2010
When wittness is avowing the court inspite of it could have passed an order of given up and also recorded the behaviours of the witness in the order sheet. YOu put a pressure on the court about this.
You cannot take any action against the complainant/wittness, it is not useful for you.
Only on the basis of this witness court cannot dismiss the case, other witnesses will be there
R.SHAH
(Querist) 01 December 2010
thanks all for prompt reply.
sir, todays date the judge was very busy in dictation to stano, we heard the name of P.w.3 was taking by judge, it seems to me that p.w.3 has filed cmplaint against judge and inreply judge is sending her submission to upper authority. but w don't knwo exactly what for.
when i move application for perjury, dropping witness, judge look and said you have to compliant upper court why you are complaining to me ?
i can't understood that, what complaint and why i and for what i aproached the upper court.
my simple appln. for perjury of p.w.1 as it was in this court record, and knew that at any stage of judicial pro. perjury appln. can be filed and after inquiry if guilty found the offender will be prosecutd by court as complainant not by me.
my second appln. as suggest by you is same for dropping of witness and proceeding with I.O's. ? how lon should we wait for witness, if 1 P.w. takes 24 months, then remaining 10 would takes 20 years.
all this i have submitted on earlier date and today dropping appln. other witness are of her parents/sister/brother/relatives etc.
kindly advise how to proceed and convince judge to take suitable steps. atleast court can secure the accused, harassed by witness.
yours valauble advise are highly appreciated.
thanks
SANJAY GUPTA
(Expert) 01 December 2010
You can make your submission for issuing warrant of arrest if witness knowingly delaying the matter or if he is genuinly sick in that case you can ask for evidence on commission by filing requisite fee to the court.
R.SHAH
(Querist) 01 December 2010
thanks.
NBW also issued on last date but it executed or not don't know.
my erjury appl. would be cause harm to me in trail or final judgment. As it was geninune one bcoz she made false statement in deposition, and on in cross we take out truth frm her mouth by showing certified copy of other case and other document. on which it suggest the statement was falsely made.
your advice
Devajyoti Barman
(Expert) 01 December 2010
If the judge does not pass any order in perjury application then you could file appeal in the sessions court against that order.
R.SHAH
(Querist) 02 December 2010
normally how much oppurtunity should be given for one witness to deposed his statement / compliant before the court in the matter.
and when accused person be press to drop those witness.
it's possible to summons all witness at one time ?
kindly advice
R.SHAH
(Querist) 02 December 2010
if witness is asked to pay fine for us as travel exenses, adjourned appln.
and witness not paid till after two dates passed.
what action be accused can take to over that order of fine not paid till date.
which court to appraoched, same judge/court who passed order or session court.
kindly advice above two post
R.SHAH
(Querist) 19 April 2011
dear sirs,
on last date the p.w's including i.o's does not comes after re summoining to m e, the clerk told me that summons are back with not claims. this was happening since 4-5 dates and sometimes court oraaly say dropped all/issued summos to all and upon next date the status is same summons is issued or reissued etc..
this date i have file appln. sub: applicatoin for discharge of accuse persons, dismissed of case and/or droped of p.w's and kept for final judgment.
in that i have mentioned detials of delaying tactions of presecution side.
the court has order to say from A.P.P. and next date was given,judge orally said expunged the witness and then say from app.
in this case only complaint witness recorded on april 2008 and her mother on june 2008 till then remaining witnesses i.e. her father, sisiter,brother,relatives,neighbours,I.O.'snever turn up for deposition.
also, i have mentioned the complaint file this case after divorce and she already got remarriage to another man, but still kept alive this false case just for blackmailing for settlement which was not accepts by me since time of filing false FIR.
my question.
1. whether discharge is possible at this stage.
2. whther dismissed of casie is possible at this stage.
3. what court will order, drope the witness and take accused statement and final judgemnt.
4. whther discharge iin this situation allow me to file defamtion/compensation case. against complaint.
or case has to take onmerits basis.
what should i do for speedying the case to final disposal.
kindly suggest further steps to close down case on merits.
