Hello,

On the basis of the order sheet, you may directly approach the HC for getting the complaint quashed on the ground that the same has been diled for harassment and the complainant himself is not pursuing the case.

Regards

If the court is giving adjournments after adjournments without recording the evidence of the complainant and his witnesses then your father can file a petition in the High Court under Section 482 Cr.P.C seeking directions to the trial court to decide the case finally in a time bound manner and not to give any further adjournments to the complainant.

Dear client,

What is the need to appear in court on every hearing , your appointed advocate will take excemption on presence and file petition in high court for quashing of trial for non prosecution.

Your father can make application for exemption from personal appearance until further dates

2) number of lawyers on this website from Kanpur contact any of them

Dear client

Please clarify whether the FIR u/d 323/504/506 has been registered or the investigation are going on for a reply to ur auery.

Adv vikas

i suggest you go for quash of FIR in HC

Your father does not need to appear in court on each and every date as no FIR has been filed against him.

He only needs to go to court if he receives summons to appear for the court.

1. Due to heavy backlog of the cases the court often strugle to dispose of the cases in time.

2. So what your father is facing is experienced by most litigants in INDIA.

3. However of you apply before the high court for speedy trial of the case, it would pass necessary direction upon the trial court to end the trial within a fixed time limit which does not exceed one year.

So act accordingly.

Sir charge sheet in the case is filed or not.

If yes then file a discharge application before the trial court on the grounds that the FIR is false and the chargesheet doesn't disclose any offence further no evidence on record.

if chargesheet not file prefer a quashing petition before the high court to quash the FIR

Till your father and grandfather is not someone by the court they are a stranger to the complaint and they need not to go to the court has he has to file if statement under section 200 and then I statement of witness under section 202 and there after Court may take cognizance an issue summons then only he can appear before the court till there is no summon issued by the court there is nothing to worry about..

hello

a false case has been lodged by your cousin. the charge sheet must have been filed in this case. you should either move for compromise or move an application in the HC to expedite the case or quash the criminal proceedings and as the case had been filed to seek revenge.

regards

Sir quashing petition can be filed to quash the criminal case filed against you under the 482 CRPC in the high court further the high court can see the merits of case and decide quashing or alternatively give order to expidit the case.

hello

yes, sir, I have fully understood your question. your cousin filed a complaint case u/s 156(3). the magistrate has done anything. only summoned you. after that, he hasn't directed the police to register an FIR. the stage must be of hearing witnesses/evidence. only then the magistrate would issue directions if there is really a case.

your lawyer is not doing anything significant so as to close this case. the case is dragging on.

you should either engage a new lawyer or move the HC and obtain an order for expeditious disposal of the case.

regards

Criminal cases take 10 years to be disposed of

2) courts are over burdened hence you get only dates

Dear Client,

Under sec 156(3) the magistrate has the power to direct the police to lodge a FIR and investigate. Once the FIR is lodged then only you have to apply for an anticipatory bail and thereafter a chargesheet is filed by police and the trial starts. Clarify whether FIR was lodged or not if yes then whether chargesheet has been filed or not. Your father need not go to court if trial has not commenced.

Adv vikas

1. I understood it on the first go that court summoned your father and grandfather on the criminal complaint filed against them under Section 200 Cr.P.C.

2. My advise remains unchanged.

Dear Client in such a situation you should file 482 Cr.P.C. application before Hon'ble High Court for quashing the Charge Sheet.

Than why you worry, when no charges framed and no allegation and evidence submitted against your father , why bother. Complain will dismiss for non prosecution

You can file a petition before high court seeking expeditious trial and speedy disposal.

Your lawyer can put pressure before court for speedy trial mowing to inordinate delay and the hardships faced by litigant

You can find a lawyer practicing in Kanpur from this forum too.

Even though it is not a complaint before police, since the case is filed under section 156(3) of cr,pc the case will be conducted by the APP only.

Your lawyer should put pressure on court about the intentional delay done by the defacto complainant in this regard.