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bolo (na)     02 January 2012

Need help in 498a

i have been falsely accused in 498a case by my brother's wife. this case is pending in court for past 3 years and she is not attending the court because all the things that she told in the FIR is false.  what can i do to make the case faster ?.

1. can i move to high court and request to direct the lower court to completing the case in 4 months, is it possible ?.( as there are 5 senior citizens are accused fasely in this 498a case) .

2. what are the petitions that i can put to make the things faster?

3. can i request the lower court itself to move the case faster? what petition can i put forward?

thanks

bolo



Learning

 20 Replies

M.Sheik Mohammed Ali (advocate)     02 January 2012

you can transfer your case into the fast track court, you can ask your advocate he will help you.

ravindra (Analyst)     02 January 2012

Hi Just got from google its really good .....

What to do if my EX is not attending court ?

 


What will the 498a wife do to harass you more after filing 498a - see has quite a few tricks and will test your patience..yes that is what she will do - if you do not give in to her whims and fancies ....thats what ur 498a girl is doing... understand this....she is the complainant. after the chargesheet is filed she is the darling-witness- of the court. the bread-and-butter of the case for the SHO,IO, PP & the magistrate/judge.

being a pampered darling-witness, the court does give-in to her tantrums and once in every 3-4 adjournments (after she failed to appear and depose in the court) the court directs the SHO or IO to personally be present, the SHO or IO would not come..then the magistrate would issue a bailable warrant..and lo....she wont come and the SHO/IO writes a letter(which is presented on the next date of hearing) to magistrate/judge that she's either untraceable, changed her home or out-of-station- country/watever. ..and what happens...another 2-3 adjournments. ..then the magistrate issues NBW....woww. ...the police go after her...locate her..and bring her to the court. her mere presence becomes an automatic ground for cancellation/ voidance of NBW. no penalties, no rebuttals, nothing.. why?  stupid...she's the darling of the case...can't you understand? ?..she deposes by way of giving CHIEF EXAMINATON either in full (on the same day) or partially(means chief exam adjourned for next date of hearing)...

now is the interesting turn...the status of your case will be listed in the causelist as PHT....partially heard trial. Once its a PHT case, the court gleefully waits eternally for her to complete her chief examination and cooperate for cross-examination.

the same may go repeated by the PW2, PW3, PW4 (who would be either mom, dad,uncle, sister of her) well...what are u options at this stage....only one....expedition petition in HC and getting an order from HC that the case be concluded in 15, 30, or 45 days !!!!

**********************

Tips for getting a Speedy Trial, RCN, Look Out Notice You can file a writ in High court for Speedy trial(writ of mandamus: on which the High Court can instruct the lower court to finish the case trials within 2 months or some such specific time period), citing the instances of delay, caused by complainant( witness), by other reasons(submit certified copies of your court's Roznama for making these facts evident).

Also see https://groups. yahoo.com/ group/saveindian family/message/ 88665 and https://ipc498a. wordpress. com/2007/ 04/10/right- to-speedy- trial-is- a-fundamental- right-sc. Actually you can ask for quashing of the case itself(instead of Writ of Mandumus) in the written prayer,though you lawyer can ask the judge for Speedy trial verbally, if quash is not viable in your case.

If the complainant witness(Wife) persistantly absents herself, give written applications each time she remains absent asking the court to insist the complainant to be present for the next hearing(the court will tell the advocate and get his verbal undertaking, and record the same in roznama), after two applications like this in two different dates, put an application for issuing of bailable warrant since she has not obeyed the court's instructions for which her advocate had given a verbal undertaking/ assurance, in next hearing if the complainant is still absent , put an application for non bailable warrant.

The next procedure before you can apply for a quash on the grounds of non-appearance by complainant would be to issue a public notice by way of news paper advertisement( this is not mandatory, but this step will stengthen your quash case) Finally apply for quash if she still doesnt turn up.

All the proceedings which happens during the day of court hearing will be recorded in the Roznama, so get all concerned certified copies of roznama and use it in your Quash or Writ of Mandumus in the Highcourt. __________If the Complainant- Witness(Wife/ ex-wife) is an NRI_________ ___ In parallel to this, after she doesnt turn up after Non bailable warrants too, push the police to issue 'Look Out' Notice for ex-wife(which will ensure her arrest the moment she passes through the immigration terminals of an Indian Airport), then start process for getting Red Alert notice(RCN) to be issued by interpol, with this RCN you can approach UK court and get her side weak too. For RCN process u have to get in touch with SIF-US guys, especially Bala Golds who recently had wrote about an RCN related issue( this was with respect to saving one self from RCN, so this is the flip side of RCN strategy!) in the group: https://groups. yahoo.com/ group/saveindian family/message/87288.

ravindra (Analyst)     02 January 2012

Shashaank Mishra (Advocate)     02 January 2012

Dear Sir,

You can definitely move the High Court of your state and request that your case be expedited. The Hon'ble High Court of your state will pass necessary orders and your case may be heard on day-to-day basis.

498 A is a much abused and misused piece of legislation and women of not so good morals are regularly using it to harass innocent people\.

Now even the court has awakened to this menace and are taking this fact into account while passind orders regarding this section.

 

Regards,

Shashaank

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 January 2012

You can move HC for speedy trial.

 

Or you can get warrants issued against her.

 

Or you can request the Hon'ble Court for the dismissal of the case for want to suitable evidence against you.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Kavita Pundhir (Senior manager)     12 February 2012

Mr Fight To Win,

For a change atleast one or two of these so called victimised Wives(who cialm to be so?????) and cover their atrocities on innocent husbands and their families and are destroying the image of Indian Women with Familiy values, 

be convicted and sent for treat at Govt expanses.

Hows that for a chnage of thought?????

 


Ranee....... (NA)     12 February 2012

 



Mr Fight To Win

what is problem with you?You are defaming Mr. Shonee in each and every thread 

1 Like

Aishwarya (Teacher)     12 February 2012

 

I sincerely believe that "we" must all refrain from making derogatory and defamatory comments here or anywhere else ...

People who indulge in such PDE.."public display of emotions"  ie be it anger or affection outbursts in virtual world ...on platforms like  lci , facebuk, orkut or anyother web portals , must realise that things only happen in real and it may not be considered justified to speak on and on about those issues that happen to be complex for others.. and have lost value and base. 

Rather its self demeaning and self degrading in nature for the person who indulges with the same..


Aadi Keshav Reddy (Graphic Designing)     13 February 2012

 

 

 

 

 

Dear Sir/ Madam,

 

 

 

 

 

 

 

 

 

 

one 10th class girl came to my home after sifting my home to other place, she came to my house to stay with me, already from 2 years she is in love with me, her parents doesn’t accept her love, after she came to my home after 3,4 months i spoke with her parents your daughter came to my home i am going to pay her 10th class exam fees now we have to come there and accept her love, me also same cast and studying, and job also doing,  I will marry her, we will be happy in future.  they accepted and asked me come to their home they told me, in our area already knew that you two are done love marriage, I will be here also they knew my mother, my back ground also, i told them after 1.5 years or 2 years i will marry your daughter, they said ok,  at list people known na just put one nuptial thread in front of god i did that for her,(not interested to do these things but she at that time she is good with me) we are living without marriage in public in their area with their daughter i told in public i married her and with my parents also i told i am in love with one girl, she also helping me to study some courses but i don’t lose career, and future. I told my parents i will marry her they accepted that and said first you complete your career next you her,,,,,, after some days we are living like family in front of public, in  their colony after 3 month they  came to scold me, and threw out me from her life lot of problems i got i can't say that,,,i came out side after 2,3 months she is calling me why ?,  i don’t know?  i asked her to please don’t hurt me like this, don’t cheat me then she and her mother told me 5,6 months u raped my daughter give me money or not i will give police complaint, about this matter, about past and photos of my wedding totally how i cheated by them with these i went to police station, if she wants marry legally i am interested or also i don’t want to hurt her i will leave her totally i asked them please help me sir but i am poor person i did night time security jobs to complete my computer courses and education till now i am going for best career i want to help my sister & mom. Finally they put case that 253 section because police officers also can't do anything if girl tell any wrong complaints, it’s done by them before 1.2 years i don’t know what i have to do, all evidence with me like marriage photos in front of her parents, If i done wrong with her, her mother also done mistake to send to put family with 17 years daughter and now i am asking her to leave me alone why you & your mother doing like this please help me or come to marry me, i begged her lot of times now she and her mother scolding me very bad and telling that u die i don’t want see you, you have to go jail or give me 5 laks rupees,,,,,,,,,,i don’t knew want to do after my paychee 2 years i am fearing to go jail and i having goals, and i want to help my mom and sister, i begging you all, and i am crying always, thinking always i am fearing to tell this story with photos, and phone records all are believing her and her mother words no body trying to get proofs about my past...................................please sir/madam help to achieve my goals, help me to give support my parents, i don’t want to cry like this always i don’t know what to do, i don’t want die without reaching my goals, i have done very hard work in my, i have completed lot of computer skills..................................please help me 

munde cheppanu na life gurunchi aa ammai ki appudu vinaledu, aa ammai, valla amma mosam chesaru ippudu inkokarni pelli chesukuntondi,  e vishyam final cheyakunda chala asabyanga matludutunnaru, eppudu aa ammai gurunchi alochistu,  edustune vunnanu, chala badhaga undi maa amma, chelli ki help cheyaleka, na career set chesukoleka future ante chala bayanga undi please help me nenu emi cheyaleka roju edustune vunnanu. Na life nenu chusukuntanu nannu vadileyandi ilaga ani adugutunte, court lo “nannu champadaniki vachadu, rape chesadu ani cheptanu nuvvu life long jail lo vundali antunnarunext year na marriage antunnaru naku bayam vestundi chichi potanemo anipistundi nenu emi cheyalo artham kavadam ledu enduku na life ila ayyindo na future ento naku artham kavadam ledu…..dayachesi Sir/Madam help cheyandi

 

 

Aishwarya (Teacher)     13 February 2012

@ adi keshav reddy ji

Calm down first and don't be afraid and don't put negative thoughts like giving up on life or sorts.

And there's nothing to worry our ld members shall help u with the legalities of ur case..Just dont panic out..I can sense u were writing in english and then went into ur regional lang seems ur too frustated and in a sad conditon..but try to overcome and fight it out hard..dont lose hope in any case..

And i request u to rephrase ur query if possible and post it in a new thread where everyone can see ur query at once and provide u help..if u can do it .Else i shall help u do tht..


Aadi Keshav Reddy (Graphic Designing)     13 February 2012

Sir,

thanks for giving reply sir

i dont know what i have to do, i want to ask judge sir but my friends and some body told me if write any thing judge sir you have to go jail thats i going paychee every month scilently

ok thanQ sir

Ranee....... (NA)     13 February 2012

 

How old are you  Aadi Keshav Reddy?

Did you live with her separately  in their locality?

Aishwarya (Teacher)     13 February 2012

u have to hire a very good lawyer ..as u were involved with a minor girl tht calls for more problems..

find a good lawyer and begin ur process..

Aadi Keshav Reddy (Graphic Designing)     14 February 2012

we are out side of parents 5 months, and with her parents 3 months every body known that matter that we are marrid, and i told them its not gud for relation ship she is with me 9 months,

i want ask to judge sir,

why her mother sent to my home for 3 months i told them after 1 year i vill marry her and after loss my money they are not intrested with me, now she got 18 if she is intrested i will be with her because now also i am thinking about her, and i am thining tha i am going to lose my career


finally i can't say my problem if i am sking her she& her mother telling that you can buy only 1000 rupees mobile, now my lover can buy 30 thousand rupees mobile, some times u hav to die, some times give me 5 laksh money frankly and live any body can listion that words with her voice convertion, in front of any body she & her mother can say lies on me,,,,,,,,,,,,,,i know sir/madam i can't win with like this people because i am poor boy i can pay only 10 or some thousand beacuse i want my future and goels i cant pay laksh of amount and i can't fight with like that family

 

govermatn has to seeeeeee perferct proofs, once up on a time i did wrong at that time she told me my age is 18 years now at birith day time she came to my home she told me wrong, ask tha girl when u went to his house @ birth day or not as a my frnd if u ask tha legally in front of police she will tel that wrong lot of quetions in my mind if its wrong, if i did wrong as human........i am ready to die and get jail


waste sir/ madam this  life no body is ther to help even god also if i have lot of money i will send my proofs, and photos every thing i will show,,,,,,,i am telling lies, wrong evidense

 

i am asking, begging that if she will come i am ready to accept  her, every month i will attend in police staion if i am no luking gud her to give proof,,,,,,,,,if she is not intrested just leave me alone my future is ther lot of plans like it devlopmetn in india it will ern money but my process will take 5 years ,more then my plans is like that after some years she and her mother has to think that we lost gud person and rich person

i am not asking help, money any thing at list tel me any body i want to live with my mother and sister for 1 year after that i will go jail how to transfer my court to my native place please after one year before court desession i vil die not intrested to go jail befoer reaching my goal,,,,,,,,,,,,i vil die at list help me what i have to do shif to cour befor jail,,,,,,,,,,becaue one rich person giving sugistions to her now & after 1 year she is going to marry he very big age more than me


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