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Rajiv kumar (abc)     28 December 2017

Provision to file a writ for violation of fundamental rights

what is the provision for filing writ/appeal in the supreme court against the harassment happened due to false and fabricated 498a and DV cases? The applicant and three witnesses have not completed the statements within 08 years. 

We need to travel more than 600 KM to attend the date but the witnesses do not appear in court. The learned court has issued the bailable arrest warrant for the witnesses during the times. 

What relief can we get in the matter? 

As the high court is in other states and it is difficult to file such writ in the high court, so, is it possible to file in supreme court directly? 

 



Learning

 2 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     28 December 2017

I'm sorry to break this to you Rajeev but no Writ lies in this case. That's why mischevious women resort to misuse of law. If its a false and fabricated 498A, utlimately you might be able to prosecute her under Sections 191 to 211 of the Indian Penal Code. But you still have to face the trial until your good name is cleared of the falsehoods. 

So far as the woman not attending the case, you should approach the High Court seeking expedition and bring out that the person is intentionally avoiding the case. 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     29 December 2017

No writ lies against this to Supreme Court.

 

There is no violation of fundamental rights per-se.

 

However, being victim of prolonged trial you can move to High Court for quash.

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