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Chinese Chef (Integration Architect)     29 September 2014

How to counter delay tactics in 498a/406 case?

Folks,
       
The criminal proceedings U/s 498a & 406 started in December 2013. I already filed three separate applications U/s 205 of CrPC as well as Discharge petition U/s 239 of CrPC during first two dates.
        
Since then, 4 dates have passed but neither the opposite party is filing its written statements in response to above mentioned petitions nor is petitioner appearing regularly for the proceedings.
        
After much contemplation, on last date, I filed an application under Senior Citizen Act, 2007 to reinforce my CrPC 205 applications and get permanent exemption from appearance for my parents but the lady Judge is apathetic and did not even take a look at the application. Despite repeated requests, she is paying no heed to the delay caused by the other party as well as inconvenience caused to me and my parents.
       
As of today, I've exhausted all possible options to move the proceedings further. All my efforts have gone in vain because of the biased judge and deliberate delay in the case.

   

Can you please enlighten me with your opinions on how to counter this dealy tactics? Is there a possible way out?

   

PS: I already tried for Quash in P&H HC but I was asked to take the remedy from lower courts before approaching them again.

    

HELP!... please.

   

Thanks.



Learning

 1 Replies

LoneFighter (IT)     30 September 2014

I would also want to know what could be done in this scenario. 

one thing i can think of is, speedy trial. You could ask for speedy trial, but unsure of how effective would it be.

I m aware of this term 'In Absentia' ,but i m unsure of whether it applies in Indian judiciary context and in particular it applies to complainant. 

isnt there any time limit, if you submit petitions and against party has to give some response within certain amount of time or else it is considered as 'no objection' by court. ...


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