Partha 498a (INDIVIDUAL) 11 July 2014
498a case filed against me and family members with false pretext and allegations. During witness trial petitioner and witnesses are not appeared before court.
what should I do? my Advocates are remains silent for next step nor praying any justice or any action from ld. court.
how many session are required to start trial?
Laxmi Kant Joshi (Advocate ) 12 July 2014
sankar P (supervisor) 12 July 2014
Well Said Sir...
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 July 2014
You may file CrPC 239 discharge application read with CrPC 173.
But still it is advisable that file Speedy Trial application in High Court to get 498A disposed off within 6 months else no relief. Please do this in-person (Without Advocate). The sample petition is attached bellow.
Please also see my posts on the following links : -
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 July 2014
Avijit,
Has the complainant/ other witnesses have been summoned by the court. If so, and they fail to appear despite summoning, then get the warrants issued against the withesses.
If they remain unserved, then the court would send summons a few times and then only can discharge you.
Bani,
I don''t think this is the stage of filing 239. I am sure the case has come to evidence stage, after the charges are framed.
Regards,
Partha 498a (INDIVIDUAL) 13 July 2014
Partha 498a (INDIVIDUAL) 13 July 2014
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