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How to overcome from the deadlock created by jmfc?

(Querist) 08 March 2016 This query is : Resolved 
Sir,
In 498-A case, where my family & I was implicated, the judge has partially heard our arguments almost year back, but from then thereafter, he has been giving dates one on the pretext of the other. In the daily order sheet, he has been writing same language on every hearing date “ DW not present. Adjournment sought and allowed. Next date for DW if any otherwise for arguments”
My query is that this ordeal has been going on , for last 1 year. Please suggest, whether his inferences will go against us? What is the best remedy to overcome from this deadlock?
Sudhir Kumar, Advocate (Expert) 09 March 2016
query is vague.

you have not specified whether prosecution evidence is over and whether DWs are actually present or not and how many times he has adjourned case after defence stage.
Sudhir Kumar, Advocate (Expert) 09 March 2016
further observations are certainly against you. it appears that you are not bringing your witnesses despite repeated adjournments.

after some dates he will be justified to close your defence and decide on the basis of prosecution evidence so far examined.
Dr J C Vashista (Expert) 09 March 2016
Whether your lawyer is present in the Court and his/her attendence is being marked? Are you present in the Court on each and every date?
If so, nothing wrong, let the Court may proceed otherwise the case is going against you, consult your lawyer to inspect the judicial file and proceed as required.
Rajendra K Goyal (Expert) 09 March 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Jmfc-is-not-pronouncing-the-order-in-498-a-case-588256.asp#.Vt-jC_l97IU
R.K Nanda (Expert) 09 March 2016
to end this dead lock in ur case ask ur lawyer to press court to proceed further in case.
Adv. Yogen Kakade (Expert) 09 March 2016
Rightly answered by the experts above.
Raj (Querist) 09 March 2016
@ sudhir kumar ji...yes prosecution evidence has been completed and we have made statement u/s 313 crpc..and we informed the court that we donot wnt to lead DW.AS result, Ld JMFC has haaerd our arguments but defer the case for next date..But on order sheet, he has been writing the same language " Defence witness not presence.Adjournments sought, Allowed.Next come for DW if any, otherwise for arguments".He has been doing this for last 1 year ( =8 TIMES)
Raj (Querist) 09 March 2016
@ Dr Vashita Ji..Yes sir, we are on regaulr bail and has been attending courts hearing on each and every date, but we are facing this harassment for several years as we are facing the trial in other city
Raj (Querist) 09 March 2016
@ R.K Nanda ji..The Ld JMFC is not writing orders because, he says that he is flooded with work and has no time to write orders..as there are prevsious cases are pending, he will dispose the old cases first..Does it mean that we have to wait till all the old cases has not been disposed??
Dr J C Vashista (Expert) 10 March 2016
Request your lawyer to file a writ of mandamus before High Court for necessary directions to the trial court.


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