Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saurabh (Sr Consultant)     14 October 2015

498a evidence stage: no activity since last 2 years

Hello learned lawyers and friends.

I have heard that there is a Supreme Court ruling that in case there is inactivity in a 498a case once evidence stage has reached for 2 years or more, the case can be dismissed.

Please let me know if this is right and if yes, please help me get that ruling.

Regards,

Saurabh.



Learning

 3 Replies


(Guest)

Please tell court in next hearing to close the evidence of prosecution as they have nothing to give.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 October 2015

I have not been through any such ruling; hence won't comment on the same. If you have the copy of the said judgment, please paste it here and based on the same, experts would guide you.

 

W.r.t. your problem of no progress at evidence stage. We need to know.

1.Has the witnesses been summoned or there is a difficulty to summon them?

2. If so, have they refused to depose/ not coming intentionally?

 

In the event the summons has been served or all attempts to summon has been futile; request court to issue warrants against such witnesses. (I got it done in my own case and few other cases)

 

In case; they have been served and they are not deposing; request court to dismiss the case for want of prosecution witnesses.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Manohar (Engineer)     17 June 2016

If 498a wife accept and submit sworn affidavit and petition at Trial court like 'without my awareness of facts  in complaint, I have put signature in  typed complaint. Now only I realise that all allegations mentioned in complaint are totally false.Henceforth court may consider to aquit all accused as innocent as per u/s 321b of crpc', can all accused get order u/s 321a of crpc.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register