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victim of marriage (Consultant)     22 March 2014

wife not coming court for witness in criminl case against me

My wife had filed a case against me u/s 506 (2) and 420. Case was absolutely false and all of the incidents she mentioned in FIR and 161 statements her are fictitious. I have enough proofs to show how incidents she mentioned in her complaint never happened or couldn't have happened. Police filed chargesheet around 6 months ago and case started 3 months ago. Charge sheet doesn't have anything other than 4 statements ( one for her and threefrom her family members). Charges were framed on very first hearing and I opted for trial. Next date my wife was summoned to give her evidences. But she started evading court and didn't come court even once to give her evidences. I am waiting for her to come court so that I can cross examine her. But she didn't appear on last 3 dates and on each date I went travelling more than 1500 kms. How long it will go on if she continues evading court? Is there I can call for closure of evidences for her testimony? How many chances she going to get from magistrate for her appearance? Magistrate is already upset with her and told I/O she'll issue warrant if she doesn't appear next date. Is there anything I can do to close matter citing disinterest of complainant in matter? Pls advice.


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 3 Replies

rajendra (na)     22 March 2014

case will be disposed ........

victim of marriage (Consultant)     22 March 2014

Dear Rajendra..

I want to know how many chances my wife is going to get from magistrate. Is there way I can expedite the process? Case is running in court 1500 kms away from my place and going on every hearing is big trouble for me.

Is there any provision in which I can file for dismissal of the case as complainant herself is not appearing to give statements?

T. Kalaiselvan, Advocate (Advocate)     10 May 2014

The magistrate may decide about it on the next hearing if she fails to turn up even after the last chance.  You cannot file any petition seeking dismissal of the criminal case against you.


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