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

Mani123456 (Engineer)     28 November 2012

498a 3 years still not proceeded a inch

Hi,

 My wife files 498a 3 years ago. I have been attending court dates. She did not turned up for most of the dates

and then judge go changed. The new judge gives my dates every 2 months. My wife turned up in last date.

Already 20 dates are over and nothing has happened. I have to be present in each date but opposite there is

no rule.

 I would like to know what can I do in this situation?

What is my Lawyer's role to play here? What can I ask him to get the dates shorter and speedy justice.

If my wife appears and other witness who gave statements against me appears will public prosecuter

will take their statements again? what is the meaning of my case in Evidence state? How long it will

be in evidence state? Only 4 people including my wife have given statements against me in Police station.

There is no document which can be produced in the court as evidence. I find their FIR also very weak as not much is there for dowry. I find it so strange that my case is being dragged.

 Kindly let me know what can I do for speedy justice.



Learning

 15 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 November 2012

Has the charges been framed, from your brief it seems that the matter is on evidence. You should request the judge to proceed with the evidenec in a time bound manner.

5 Like

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     28 November 2012

YOU CAN ASK THE MAGISTRATE TO APPOINT MEDIATOR OR FOR A JUDICIAL SETTLEMENT UNDER SEC.89 OF CIVIL PROCEDURE CODE OR REPORT THE MATTER TO THE LEGAL SERVICE AUTHORITY IN THE HIGH COURT BOMBAY.

Sreenivas V (S/W)     28 November 2012

Hi Mani,

false 498A will be filed by girls just to harras men, if it is true case the case will be done fast. What is happening here is the case will be delayed like that untill your lawyer asked seriously to start the trial. Normally lawyers will not go to that extent as they will have many cases and no body wants to become bad with Judges. Why the cases will be delayed is that once you get vexed then they will make you to go for settlement, then a money price will be fixed.

But you want to fight then you need to wait till trial starts, or you can go to HC and get directive to do the case fast, but for that you should have some sutable reasons to get that order from HC.

In my case also we went to HC and got spped up order from HC, HC told to finish the case in 6 months but it took actually 2 years to complete after getting speed up. Total time it took is 5 years. The main reason for this delay after getting speed up is that after getting speed up for one year there was a bad judge who did not moved the case at all, luckly after one year he was transferred.

1 Like

Mani123456 (Engineer)     03 January 2013

Kindly let me know what my lawyer must do to get speedy justice?

All he has done till now is oral submission to court to get the case qaushed as nobody is turning up.

Present judge gives very long dates. I have been writing to President of India, Chief justice of Karnataka,

Police commissioner and all other higher authorities to help me in getting speedy justice. Will my

present trial be stopped if I move to high court to qaush the case?

    How long a case be in evidence stage in trial court? Is there no limit?As nobody ( my wife, witnesses, IOs) are turning

up,  why is it mandatory for me to be present in the court?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2013

As an accused, your presence is mandatory at all court dates, because this is one of the conditions of your bail.

 

W.r.t. Evidence of witnesses, first check, whether the summons to the witnesses has been served and if the same has been served, push for the warrants of the witnesses. (This is just a procedural thing I am telling, if you/ your lawyer don't want to cross the witness, then just keep taking dates)

 

 

 

Regards,
 
Shonee Kapoor
4 Like

Mani123456 (Engineer)     28 March 2013

Hi,

 After getting dates every 2.5 months since last year, I am going to apply for quash of the case in High Court.

Since last 20 dates my wife came only 3 times in the court. She took time for cheif examination and did not turn

up after that. I hope I will get some relief in High court. The present trial court judge does not want to do anything and

just gives very long dates despite requesting him to give short dates.

Mani

pls help soon (asst manager)     28 March 2013

Mr. Shonee / everyone, I have a question to ask.

If any case of 498 A is presently in the state of EVIDENCE stage, then can a accused (myself ) give/submit written arguments to counter the allegations.

My lawyer says that , let the case go to trial stage and with the evidence we have we will win the case. But, I want to know, since myself, my mother and younger brother has been booked in this case, and I strongly believe that if I will be given the chance to present the evidence and my side of the story then I can prevent at least my mother and brother to get the charges framed against them. But, my lawyer is saying that it is very rare and he has seen none, where the judge genereally dismiss before the framing of charges ( before trial). And he also says that if we give evidence now then our case will become weak as the opposite party will get ready with the replies during the trial stage.

So pls , guide me what should I do, as I Don't want my family to get any more sufferings because of my one wrong doing (love marriage). PLs help....

Sameer Sam (Self Employed )     28 March 2013

Thanks shonee ji for provideing such a good advice i am very thankful to you 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2013

You can not give written arguments to close the case while the evidence is still not complete.

 

You may just pray for the speedy trial.

 

 

 

Regards,

 


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Jeevan (Finance)     23 June 2014

What if evidence never completes? there must be a way out. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 June 2014

Immediately go to High Court in-person and apply for Speedy Trial.

 

Please see my posts in 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

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Out of my post, I think, SPEEDY TRIAL petition is most simple and easyer to win since it is your right as per Articles 21 &14.


Please start with your in-person lawyer career with at least that.

 

Please see my posts in 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

 

Good Luck!

Jeevan (Finance)     25 June 2014

Thank you so much Shatyaprakashji, by in-person, are you suggesting that no lawyer needed for this? 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Yes exactly.

 

Go without lawyer, file, argue with public prosecutor and judge properly, prey properly and win. It takes hardly 2-3 weeks only.

 

Good Luck!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register