498 a filed 17 years ago still running

If because of the absence of the brother, the court is unable to commence the trial then, the other accused can apply for seperate trial in respect of them.

RESPECTED ARCHANA MADAM,

CAN OTHER FAMILY MEMBERS GIVE PETITION ANY TIME NOW TO THE SAME  COURT  OR HIGH COURT ,KOLKATA FOR CLOSURE OF  THE CASE CITING VARIOUS GROUND WITH A DEFINATE PROOF THAT FALSE CASE UNDER SEC.498A WAS FILED BY BROTHERS WIFE .NEXT DATE ON 01/10/13

PL ADVICE

KIRAN NATH

KOLKATA

What is the stage of the case? Are the charges framed?

I asked you about the STAGE of the case and not the next date. Anyways, if the charges are already framed then, the court will not close the case. In that case apply for seperate trial and the trial will commence and end soon.

RESPECTED ARCHANA MADAM,

CHARGE SHEET ALREADY GIVEN LONG BACK BY POLICE.10 WITNESS POLICE MANAGED TO PRODUCE.BUT 5 FROM GIRL SIDE,2 FROM

POLICE,2 LOCAL PERSON AND REST IS PUROHIT. BUT NO HEARING TOOK PLACE YET .PL ADVICE WHAT TO DO.

KIRAN NATH

KOLKATA

Because one of the accused (Accused no. 1, your brother) is not coming before the court, the court cannot commence the trial. If the charges are framed by the court, ask your lawyer to apply  in the same court for seperate trial in respect of rest of the accused and also apply for speedy trial. During the trial you can falsify the case of the complainant with good cross examination and whatever evidence you have against her.

RESPECTED ARCHANA MADAM,

THANKS A LOT FOR YOUR VALUABLE  ADVICE.

KIRAN NATH

KOLKATA

RESPECTED ARCHANA MADAM,

A VERY VITAL POINT CAME TO MY HAND NOW.APART FROM 498A,MY BROTHERS WIFE SLAPPED MAINTAINANCE CASE UNDER

SEC.125 AGAINST MY BROTHER AFTER FEW MONTHS OF FILING 498A.WITHOUT MY FAMILY MEMBER KNOWLEDGE,THEY

GOT UNITED SECRECTLY AND WENT COURT TOGETHER AND WIFE HAD WITHDRAWN CASE UNDER SEC.125.AND BOTH

HAD GIVEN DECLARATION THAT NO TORTURE WAS MADE ON WIFE WHICH IS BASIC PRINCIPLE FOR 498A.I GOT CERTIFIED

COPY OF THE COURT ORDER .SO IN SUCH A CASE CAN WE APPLY TO COURT TO DISMISS THE CASE .PL ADVICE.

KIRAN NATH

The case may not be dismissed on this ground alone.

You may move HC for quashing the case, the court instead of quashing may give a speedy trial option to you. At such time these documents can be used as evidence.

Regards,

Shonee Kapoor

@ Kiran ji,

Move to the high court for quashing and file the certified copy along with it wherein the wife has stated that there was no harrassment to her at the hands of husband and in-laws.