Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arijit Poddar (Business Development Manager)     15 December 2015

Need urgent assistance as a victim of misuse of 498a

Respected Sir / Madam,

I am really thankful to all the expert advisors out here for your kind guidance and response that I received in past regarding this case under Section 498A which is definite a misuse of the section.

However it has already been more than 3 years and the case is still pending. The current situation is the court has summoned the complainant and the witnesses for trial but they are not turning up not even the police who were incharge of the investigation. They have already missed out 2 dates. Also need to inform you that the next date is after a preety long time almost after 6 months.

Is there any way to speed up the process?

Is there any way to force them to attend the trial?

Any specific reasons why are they doing so?

Or how long or how many dates will the court take (approximate) to declare a X-party judgement?

Need to keep you informed that I already have a Decree under Section 9 of the Hindu Marriage Act in my favour and have also executed the decree. I even do not know their location I mean where they live as the summons that are being sent to the registered address returned stating no trace of them.

Your Kind and generous respone would be highly appreciated.

Thanks & Warm Regards

Arijit Poddar



 8 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2015

You should apply for speedy trial in HC.

Please see all posts of the following link to know about the ground of speedy trial.

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VnEOk9IrLIW

SAINATH DEVALLA (LEGAL CONSULTANT)     17 December 2015

Here is a Supreme Court Judgment on a Right To A Speedy Trial

Right to Speedy Trial

“The accused in these cases might have been on bail – but the injustice of pendency of trial for long periods is the uncertainty and the concomitant anxiety suffered by the under-trial. The under-trial is inhibited in making future plans for his life or executing present ones due to the uncertainty which pendency of trial brings. His confidence starts to erode and at the end of the trial, even if he is honourably acquitted, the scars of the long trial remain. He feels condemned despite the acquittal.”

A person could be innocent, yet he may suffer confinement or anxiety or both because judicial system fails to reach a verdict for many years. The delay could be due to tardy investigation by the police. Then courts have built up huge arrears of undecided cases – which coupled with the fact that the number of courts is also quite less – ensures that every case has to wait for years for decision. Rules of procedure under the Code of Criminal Procedure and the Indian Evidence Act do not help the situation either. Most of these rules, framed by the British for a colonial administration have been retained in their letter as well as spirit, regardless of the altered circumstances.

Article 21 of the Constitution assures that one is not to be deprived of his life or personal liberty without following the due procedure, established by law. Now the point is – if the established procedure or its infrastructural framework itself results in the delay, how and what does the accused do?. One method could be to interpret Article 21 to include right to speedy trial which our Supreme Court has done many times.

The right to a speedy trial includes those with lengthy police investigations

K.S.Srinivas (Executive)     18 December 2015

Apply for speedy trial.

C.V.Kansara (member)     18 December 2015

A judge cannot be passive and watch the proceedings like umpire.It is his duty not only to see that justice is done but it must be seem to be done.

T. Kalaiselvan, Advocate (Advocate)     25 December 2015

Sometimes you may have to bear such inconveniences and hardships, they are inevitable. 

On the next hearing you may ask your advocate to pressure the court to dispense with their evidence since they are not available in their address by evidencing the returned summons in matrimonial case.

This may help you tide over the crisis without approaching high court with petition for speedy trial, because even with a high court order, you may not get desired result owing to various factors that govern the issue.

1 Like

Arijit Poddar (Business Development Manager)     26 December 2015

I really thank you all for your kind and generous response. Awaiting further detailed responses which would be highly appreciated. How do I pressurize my advocate to inturn pressurize the learned court.

Also I am not very clear about the petition for speedy trial and why would it involve further police investigation when the chargesheet has already been submitted? Because if further police investigation is required then it would again take ages. 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 December 2015

Speedy Trial is you constitutional rights. No police investigation is required for this. You can download my sample petition of speedy trial and file it before HC Party-in-person.

 

The speedy trial order will be on the judge (The State). Not on your advocate. 

498A fighter (tutor)     19 January 2016

same is my case since aug 2009 i am facing ,

 i won sec 09 in feb 2010 even departmental enquiry is set against the SHO she get punished in my case and

 still the case is going on but here wintess satatemnet get recorded only SHO turn is on 2feb she is comig after issuing warant.... almos after 7 time call but duration of dates is of 14 days only... so thank god no delay

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query