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Wife not cooperating for the 498A cross examination keep on adjourn
20-Mar-2025 (In Criminal Law)
Sir Madam, My friend is undergoing a case of IPC 498A. Case has been running from past 10 years. When he goes on hearing, she does not attend the court and stays outside without attending the court. As the hearing are being adjourned for a week and my friend stays around 2000 KMs from the court location. When my friend is represented by his lawyer to attend with petition for his absence she attends the court. She is not cooperating for the cross examination even my friend advocate is ready
Ask your friend to file an application for quashing of the case in the High Court based on the grounds you have mentioned. There is high probability of the case being quashed in such circumstances. If need be he must appeal to the SC if the HC decides otherwise. it's always better to fight a case when you are in strong position like this and end it quickly
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Dear sir,
Your friend can file an application under Section 205 CrPC to seek permanent exemption from personal appearance, citing the long distance. If the complainant is deliberately avoiding cross-examination, the advocate can move an application under Section 256 CrPC (for private complaints) or request the court to close her evidence under Section 311 CrPC. Additionally, if the case is unduly prolonged, your friend can approach the High Court under Section 482 CrPC for quashing due to delay and abuse of the legal process.
Since your friend stays around 2000 km away, he may also consider filing a transfer petition in the Supreme Court under Section 406 CrPC to shift the case to a more convenient jurisdiction. If there is evidence of harassment or undue hardship, the SC may consider transferring the case. Seeking legal advice and taking timely steps can help in reducing unnecessary difficulties.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Your friend need not attend each and every court proceeding. You can always move an application for personal exemption on behalf of the accused. You can always attend the court proceeding through online mode.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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