Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajkiran123 (Manager)     31 October 2016

Complainant not appearing in 498a

Dear experts,

I am fighting a false 498a case from last 2 years and complainant has not appeared for chief examination/cross for the past many hearings. Every time judge issue fresh bailable warrant and police file report with lame execuse like complainant out of station, not well etc.I am sure police is getting good money from oppiste side. I have secured high court orders to dispose off the case in 6 months which is nearing to complete. Please advise what would be best course of action ? Does judge has power to dismiss the case if complainant does appear at all?



Learning

 6 Replies

Sachin (N.A)     31 October 2016

You ask the judge in writing to issue NBW against complainaint. If court deny to do so Challange that order in Session court.

Amardeep   01 November 2016

Hello Sir/Madam please advice My inlaws playing fraud with me her daughter alredy married and they again marriage with me without previous marriage divorce and she living in canada after my marriage she return canada 15 days after 3 to 4 months my mother in law and father in law came to india and collect all huge gold demand from me that is my mother gold show in marriage  to her famaly approx 8.50000 lc value and call to my mother told that we make it new degine in canada my old mother trust her words and hand over to her parents and they collect after that few month her sister husband come to my home demand some money for helping his family and again my canadian wife request me for helping sister husband i give him cash and she send me in my account  that is  3 times after few days her another younger sister living in canada on work permit she talk me 2 three times regarding her divorce from indian guy and send me signature documents  after in few months my wife fight with youger sister in canada i ask reason sister inlaw told me she force me to clean home and care of her kid girl child OMG im shocked she not told me about her kid after that she told me all story she not get divoce frome privous marriage this is long story i tell you in shortly i enquied that is true she is married regarding settelment in canada baises with me 4 marriage without divorce after get all i quit and she come to india with with new born baby she told me she is yours on phone but i know when she fly to canada got menses after some unkwon come to my home she aginge call give some money i refuse and her family angry on me she come to india i ask her about her life and she fight with me mother ask for dna test for sure kids stared shouting on my mother and leave home with some unknown peple carry a pistol with his hand i call 100 number when police came the run and threat us on phone for dowry case i complaint it for SSP but i know they are big human gang have big contacts with punjab leaders they file 420 498A 120 B on me and mother we go to Hon'ble High court my mother declare innocent me got anticipatory bail after very long fighting punjab goverment support a criminal this NRI rune my life what we doing losses my huge money prorerty everything please help 

 

Rajkiran123 (Manager)     02 November 2016

@amerdeep, you need to open new topic for appropriate responses.

Lawyers/experts, can someone please advise if lower court judge has the power to dismiss the case due to non-appearence of complainant?

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     02 November 2016

SIR, KINDLY NOTE THAT.

1. YOU MAY FILE A DISCHARGE APPLICATION BEFORE THE SESSIONS COURT HAVING AREA JURISDICTION AS THE COMPLAINANT IS AVOIDING APPEARING BEFORE COURT.COURT WILL ISSUE SUMMONS AND CALL SAY OFSTATE/  POLICE AND ON VERIFYING THE COPIES OF DOCUMENTS PLACED ON RECORD COURT MAY DISCHARGE THE ACCUSED FROMT THE SAID CASE.

2. BUT IF THE ORDER IS NOT IN FAVOUR OF APPLICANT ACCUSED , THEN HE MAY FILE A WRIT PETITIONBEFORE THE HIGH COURT FOR QUASHING THE SAID F.I.R. AND CHARGESHEET AGAINST THE ACCUSED.

YOU WILL SUCCEED. GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT.MUMBAI.

Rajkiran123 (Manager)     03 November 2016

Dear Sir, thank you very much for your valuable inputs.

Will discharge petition be allowed even after framing of charges is completed in 498a cases?

Also can CrPC 256 can be invoked in my case as complainant is absent for very long time (or) request the judge to close prosecution evidence and proceed with defence evindence and complete the trial.

Request experts to share your views as this may help many false case victims. 

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     12 November 2016

Discharge application won’t work here, as you say charges are already framed.

There are 2 scenarios here:-

  1. File application to dismiss the case for the want of witness not appearing despite the multiple warrant.
  2. Pray court to issue non-bailable warrant and impose costs on prosecution as they are not appearing

Regards,

ZohebKhatri@gmail.com

 


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