Dear Experts,
Here in the instance case, there were total 4 accused (self amongst them) , not yet convicted by the session Court , and were
erstwhile in 1998 released on bail alleged u/s 114, 363 ,511 – IPC, since 1997. Out of 4, 2 of them were expired in 2004 &
2007 respectively. However the offence of kidnaping was not actually happened, but yes there was an attempt. Based on the
complaint of the Parents of the then minor girl, police had arrested all the accused and later produced before the Magistrate
and the bail was granted.
My queries: -
1. Is it advisable to go for 482 quashing it before the HC, or a request before the same trail court for speedy trial?
2. Since 18 years have passed, no one from the complainants side have appeared till date, will this ground stand strong enough for dismissal for want of prosecution (DWOP). The (Complainant) father of the girl has retired and is keeping extremely ill, the girl now is married and is residing in other state.
3. Request all Experts to cite any judgements of Hon’ble SC / HC’s and or any provisions available under CrPC, wherein I get the way out to come out of this.
Thanking you in anticipation.
Regards/Romal Vakode.
