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Ram (aaa)     10 November 2013

Ipc420, dp3 & 4

hi all,

please find below the facts. pl advise accordingly.

1. engagement happened in 2008

2. within 6 months, it was cancelled by the girls side

3. after several months, in 2009, case was registered on me, my parents, my sister and his husband. I got bail after 1 week in jail and all others got AB.

4. from then till now (2013), we appeared in the court for about 40-45 hearings and in all these 5 years, the complainant or his witnesses never appeared in the court and the case is still going on.

5. few months back, judge put conditional order on the case

6. we were told all witnesses are closed including PW1. the court is waiting for w2 and w3 and these witnesses are never appearing in the court. it looks like they are not interested. the girl got married 3 years back.

7. we are completely broken by making rounds to the court and nothing is moving on.

 

Please advise if we can goto high court to quash the above case. how much time it will take in high court? will it also take 2 or 3 years for getting quashed in high court? or what is the best thing we have at this point take next step (keeping in view, there is a delay in the lower court - 5 years, conditional order, witnesses are closed).

 

regards!



Learning

 10 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 November 2013

Dear,

You should move an application for quick disposal of the case and at the same time there are certain provisions in Cr.P.C, wherein if the complainant does not appear for sometime then the case automatically fails i.e. Section 249 & 256 will be helpful.

 

Advocate Kapil Chandna

+91-9911218741 

Rajaramana RV (Employee)     12 November 2013

Dear Ram,

Ask your lawyer to go for quashing in High Court imediately. You have already waited 5 years which is a very long time.

I have a few questions which if you answer can help us help you further.

1. How often are the dates falling i.e what is the duration of time between two dates or hearing.

2. What has happened in your hearings so far? What the judge has told you?

3. What is the conditional order judge has put in your case?

Ram (aaa)     12 November 2013

THank you Kapil and Rajaramana.

 

Rajaramana, pl find below

1. Dates are like every month. sometimes twice / thrice per month.

2. nothing so far. w1 is closed and conditional order given but even then we appear in the court and come out after hearing the next date.

3. conditional order but don't know the content. even our lawyer is not telling us.

 

regards,

 

 

Rajaramana RV (Employee)     12 November 2013

Dear Ram,

Keep on posting about your case here and members would be guiding you. All the best for your battle.

Ram (aaa)     12 November 2013

Thank you Rajaramana.

few queries:

1. is delaying to 5 years make a ground for quashing the case in High court?

2. if yes in #1, how long it will take in high court? 2 or 3 years.

3. what are the chances of rejection in high court? if rejected, does it imapact in lower court after that?

 

regards,

Ram (aaa)     28 November 2013

hi,

 

latest updates: yesterday, judge said that witnesses are recalled and trial will begin from next date on wards.

is it sounding better? why witnesses who are closed 6 months back are coming back for recalling and trial to begin. does it hold any justice to us? please clarify.

 

regards,

Rajaramana RV (Employee)     28 November 2013

Dear Ram,

Immediately go for quashing of case. Appoint a good high court lawyer. Dont waste time. Quash will get over within a year.

Ram (aaa)     28 December 2013

hi,

i applied quashing at high court and the high court sent an order and direction to lower court for quick dispoal of the case within 3 months.

pl help me understand what does this mean?

1. is lower court going to dismiss the case in next hearing date?

2. is lower court going to speed up the full trial and finish within 3 months?

 

let me know pl.

regards,

Rajaramana RV (Employee)     30 December 2013

Ram,

The case will be closed in 3 months hopefully based on the HC order. This will not happen in one hearing though. You will get frequent dates. Keep posting updates so members can guide you.

How was the quashing process like? How many hearings did you have? Why did they not quash such a simple case? Awaiting your reply so you can be guided better here.

Ram (aaa)     30 December 2013

Thank you! it just happened in one week during the admission stage.

now, we are trying to change the lawyer and our new lawyer says high court order of 3 months period is of no use since trial in the court is anyway going to start.

not sure what he means by saying that. can you pl suggest what he sounds here?

 

regards,


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