• Charge sheet submitted for 498a case in Baruipur Court

1. Within how many dates can the case by closed ?
2. What should be the period between two dates ?
3. Can the case by elevated to Fast Track Court ? if the above answers are not satisfactory ?
4. IF I apply for u/s205 of Cr.P.C. can I get it for me and my OLD Parents ? and will it be helpful ?
Info : A> Maintenance and DV are running paying 5k pm (Other Court)
B> Since I lost My Job when OP filed 498a, 3 Years ago June'11, and no one provides a Payroll Job since my cases are not yet fixed I roam around for leaving and part time jobs / freelancing.
C> Now would really like to expedite the process. My savings are at the end!
D> I am already 34 Years old, more delay in process will kill my future.
Asked 2 years ago in Criminal Law from Kolkata, West Bengal
1) difficult to answer but then too, it may take two years. 

2) It's up to the parties and the judge to accept a date

You can show your incapability to pay maintenance to judge with all the proofs and if he is convinced he can reduce the amount.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1. You have not furnished any details of the case as to the stage at which the case is currently pending. I presume that the case has been filed against you and your parents by your wife. Whether any compromise has been reached between you and your wife has also not been mentioned by you. If no compromise has been reached then on what basis do you expect the case to be closed?

2. If no compromise has been reached between you and your wife in consequence of which she is willing to withdraw the case then the case will be decided by the court on merits. It may culminate in your acquittal or conviction. You have only two remedies-Either to contest the case on merits or move the High Court for quashing of the case depending upon the legal advice of your lawyer.

3. There is no fixed time period within which a case has to be decided by a court of law. Delivery of justice in Indian courts takes time due to the huge backlog of cases. Your case cannot be sent to fast track court. The time interval between two hearings cannot be foretold by any of us as it is for the court to decide having regard to the pendency of cases before it. You can though request the court to give short dates. 

4. You may apply for exemption from appearance for yourself and your parents. Whether it will be granted or not is subject to the facts of the case and the discretion of the court. The limited solace it will provide is that once exemption is granted you need not appear in the court on every hearing. However, grant of exemption will not absolve you of the obligation to prove your innocence in the court.

5. In order to expedite the hearing of the case you may move the Calcutta High Court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. In Baruipur court the average time span of a 498A case is not less than 5-7 years.
2. The general time gap between 2 dates is 3-4 months.
3. No, only sessions triable cases are tried in Fast Track court. Your case being Warrant case, it is to be tried in Magistrate court only.
4. It helps only by waiving your personal presence oin court. Pace of the case is changed in any manner.

If wish to expedite the case then appropriate application can be filed in High Court, Calcutta for getting order for time bound trial of the case generally within 9-12 months.
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Within how many dates can the case by closed ?

Opinion: there is no specific time frame to closed the case, its depend on the court.

2. What should be the period between two dates ?
Opinion: Read as above

3. Can the case by elevated to Fast Track Court ? if the above answers are not satisfactory ?
Opinion: you may file a writ petition before HC for speedy trial and HC have power to direct the trial court that this case should be finalized within the time frame, it may be 6 month, 1 year, 2 years,,,,,,,, as per satisfaction of court. 

4. IF I apply for u/s205 of Cr.P.C. can I get it for me and my OLD Parents ? and will it be helpful ?
Opinion: Yes it may be possible if the court satisfied with your application and reason mentioned.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
You can file a petition in the high court for speedy disposal. The case will take more than a year minimum  to complete if all proceedings  and examination etc goes in time.it is better to get it quashed in the high court saying it is fakse
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. It will not be closed unless your wife withdraws it. It will be disposed of by either aquiting you or convicting you after hearing both of you. Nobody can say how many dates it will take. Normally it can be anything between 3 to 8 months,

2. This also depends on the load on the case and also the 'Peshkar' ogf the court,

3. No. it can not be elevated to First Track Court,

4.  You all can file an application for being exempted from appearing before the Court. Your parents will certainly be exempted,

5.  You can file a WP praying for a direction upon the Court lower to expedite the matter and dispose it of with in a certain period.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
Yes if all proceedings taking evidence sending notices etc goes in time it will get over otherwise it will lag.they don't be any deadline. If it lags file a petition in the high court for speedy disposal.it depends on the lawyer you choose
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. In all likelihood you may get the desired order of case being decided within a year or even earlier than it as one year is more than sufficient to decide a case.

2. Every lower court is bound to follow the order of High Court. The compliance of the High Court order has to be absolute.

3. The proceedings in the High Court may take 2-3 months. High Court may pass the necessary directions even on the first hearing.

4. The total expense will be the fees of your lawyer which he alone can tell.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. You are expected to get an order directing the Court lower to expedite the matter,

2. Yes, Baruipur Court will be bound to comply with the said order of the High court,

2a. It will certainly not be an additional paper. Your advocate at Baruipur has to constantly follow up with thw Judge at Baruipur,

3. It will take around 1 to 2 months to bring it to the list at Calcutta High Court,

4.It will be around Rs.20,000/- with advocate's fees.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
it will take minimum 5 to 6 years. it is to be tried by magistrate so it can not be heard by fast track court. of coarse you may seek orders from high court for speedy trial
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0