Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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HOMO SAPIENS (HELPING)     15 May 2016

Speedy trial in 498a

Respected Members,

A case u/s 498a,406,34 of IPC and section 3 and 4 of DP act was lodged against me and my parents on may 2015. After RTI action police filed Chargesheet on december 2015.  We have got regular bails. No arrest was done as we were all on anticipatory bail. Now I have approached HC as party in person and HC has ordered to frame charge as soon as possible and finish the case preferably within 1 year without any unnecessary . Now my query is 

1. Some lawyers have said these speedy trial orders are given everyday by HC but lower courts hardly follow them. So if that is the case then how to compel the lower court to strictly adhere to the HC order. Shall we file another petition at lower court to be vigilant not to delay in any way.We want a full trial, a speedy trial. So that we are exonerated from all the false charges and so that we initiate proceedings u/s 182,211,177,193,195,499,500 as soon as we are acquitted.

2. Can I go for quash proceedings in this case to HC, when my wife's cross is completed ?

3. My wife has said she doesn't want to come back to me because there is threat to her life , in CrPC 125 cross. Now if I get acquiital order in 498a does it negate her claim in 125 or not?



Learning

 15 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 May 2016

Sir, If they don't follow HC orders then u can approach the SC and can take the orders from.here as well .... Warm Regards Kapil Chandna Advocate 9899011450

Vijay Raj Mahajan (Advocate)     16 May 2016

Maintenance application u/s 125 Cr.P.C has nothing to do with your acquittal order in the criminal proceedings filled against you. The wife has refused to live with you because she feels unsafe in your company, if she has no income or sources to maintain herself, she will definitely be allowed maintenance based on your income by the court.

As far the criminal proceedings in the magistrate court is concerned that may take its own course may be a year or more depending on number of cases being heard by the said magistrate. You cannot do much for the same, High court directives and your application to the magistrate for early hearing will not have much effect.

As far filling charges against your wife for filling false complaint and thus defaming you is concerned that too may not be very easy going for you, mostly these complaints too get dismissed at initial stage of summoning the accused itself.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 May 2016

Originally posted by : Vijay Raj Mahajan
Maintenance application u/s 125 Cr.P.C has nothing to do with your acquittal order in the criminal proceedings filled against you. The wife has refused to live with you because she feels unsafe in your company, if she has no income or sources to maintain herself, she will definitely be allowed maintenance based on your income by the court.

As far the criminal proceedings in the magistrate court is concerned that may take its own course may be a year or more depending on number of cases being heard by the said magistrate. You cannot do much for the same, High court directives and your application to the magistrate for early hearing will not have much effect.

As far filling charges against your wife for filling false complaint and thus defaming you is concerned that too may not be very easy going for you, mostly these complaints too get dismissed at initial stage of summoning the accused itself.

 

Presumption – Wife is always right and husband is always wrong (Without any evidence) is unconstitutional. Please check my following link.  

 

https://www.lawyersclubindia.com/forum/All-gender-biased-feminist-laws-are-unconstitutional--133540.asp#.VzlysNJ97IU

HOMO SAPIENS (HELPING)     16 May 2016

@ Vijay ji Can you please explain CrPC 125(4) and CrPC 127. Some terminology like changed circumstances sounds familiar to you? Regarding speedy trial , I will make the court take heed of HC order. I just wanted to know the process. Anyhow its ok. If I have been able to face a HC judge and bring out speedy trial order as party in person then I think I am capable of executing the order also. Regarding follow up cases , they get dismissed because people are not getting right information about the procedure and unnecessarily being shown the pessimistic view. Well then thank you again for bringing the optimism in me . The more people speak negative around me the more determined I become.

Vakalath (Vakeel No. 1)     16 May 2016

Instead of doing all this tamasha (498, 125, DP etc), why dont you reconcile with your wife keeping aside your super ego for the sake of your daughters future.

HOMO SAPIENS (HELPING)     16 May 2016

Vakalath please stop being abusive.

Brachy   17 May 2016

@Homo sapiens, Good that you are armed with a speedy trial of 1 yr. Even I have got a 6 months speedy trial with 16 witnesses in my case. Now the trial is in the 8th month and the prosecution side hopefully will close this month. The trick is on every date you have keep reminding the magistrate of 1 year trial direction from HC, compel the PP to finish prosecution quickly and ask for short next date. If witnesses dont appear ask them to be dropped so that court abides by the HC direction. Though HC's grant speedy trial on praying but lower courts function as per their work load. In my case, after 6 months expiry, the magistrate wrote to the HC asking for extension of trial due to heavy work load. Having said that my friend, the HC direction scenario is anyday better than facing the trial without it as there is always a preference given to your case over other cases by the magistrate. 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 May 2016

Dear Querist, after going through UR submission and also the various replies given above, I come to a conclusion that U R presumming too many twists and turns to happen when the case is still in the trial stage.The only option available with U is to fight the case only on merits from UR side. Running after superior courts may not yield U any positive results.

HOMO SAPIENS (HELPING)     18 May 2016

Thank you all for your active interest. Basically I opted for speedy trial for 2/3 reasons. 1. To come out from social stigma as soon as possible 2. I do not want to pay my wife. Well that's what everyone wants here. But the problem is how do you negate her claims in 125, which is a herculean task as my wife is not working. So I read CrPC 125 once again and found out that in 125(4) there is an way out for the husband . Which is if wife is staying away without any just cause then she is not eligible for maintenance. Now if 498a is proved false how can she claim she has any threat to her and that's why she is staying away? Also CrPC 127 is about altered circumstances regarding maintenance which very few husband use after they come out of 498a. 3. I am a mortal, full of humanly weaknesses. So I want to teach my wife a lesson. I want to do this in my lifetime only. I want to show my wife how does it feel when fear of conviction looms large over your head , like we are having now. 4. I believe no dream is too big.
1 Like

HOMO SAPIENS (HELPING)     18 May 2016

Thank you all for your active interest. Basically I opted for speedy trial for 2/3 reasons. 1. To come out from social stigma as soon as possible 2. I do not want to pay my wife. Well that's what everyone wants here. But the problem is how do you negate her claims in 125, which is a herculean task as my wife is not working. So I read CrPC 125 once again and found out that in 125(4) there is an way out for the husband . Which is if wife is staying away without any just cause then she is not eligible for maintenance. Now if 498a is proved false how can she claim she has any threat to her and that's why she is staying away? Also CrPC 127 is about altered circumstances regarding maintenance which very few husband use after they come out of 498a. 3. I am a mortal, full of humanly weaknesses. So I want to teach my wife a lesson. I want to do this in my lifetime only. I want to show my wife how does it feel when fear of conviction looms large over your head , like we are having now. 4. I believe no dream is too big.

HOMO SAPIENS (HELPING)     18 May 2016

@ Sainath ji Thank you. I agree with you mostly except a single line. I am not presuming. I am know from the core of my heart that We will be acquitted. I have that much faith over our innocence.

jaig   26 May 2016

I strongly appreciate your confidence and resolution, I am on the same path and can fully understand your view.

In my case its in very early stage - CAW cell meeting which I'm sure will end in 498A.

Advise Seeker 2019   07 August 2019

Sir, what was the end result?

Scuba bear (Business)     27 October 2019

Can you share your number here or message me on 9324046703, we are on the same boat.

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