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Witness not appearing case in running since 25 years


09-Mar-2023 (In Criminal Law)

Someone is harassing my family with false case (302,307) .No FIR and no medical evidence.One case witness is closed and one is waiting for witness since 3 years. Both cases are running for more then 25 years. Both are in Patna lower court. Need an advise on how to proceed on this. Our lawyer is taking fee for every hearing..someone suggested to quash in high court. Quashing files in 2013 in Patna High Court and it has still not come in number (Thats what my lawyer says).My parents health has deteriorated and I want a closure on this. Also, not sure if the guy has suit another false or not.

Answers (3)

Answer #1
739 votes
Quashing was filed for quashing which order?? 2013 quashing cases are being taken taken up.Your question is not clear and complete. You need to give clear facts. If there is no F.I.R then what is basis of case? Ask your counsel to mention the case for early hearing in High Court or engage a senior. I suggest to engage Senior Advocate Chittaranjan Sinha.You can contact me with all details
Answer #2
809 votes
Quashing cases of 2013 are currently on list of Hon'ble Patna High Court. Please check. In any case, you may ask your lawyer to mention the case case before the bench showing urgency. I hope this will help you.
Answer #3
932 votes
The only remedy availbale to you is to move before the hon'ble patna high court... and it appears you have already moved before the hon'ble court... i would advice you that ask your lawyer to mention the matter before the bench i. e. before the judge... on the ground of gross irregularities in the criminal trial... and vexatious proceedings... however 2013 quashing petition are pending before hon'ble justice Anjana Prakash... and she is very much reluctant to hear the matters on urgent basis... i hope yiur matter would be likely to be taken up by the end of this year... in the meantime i would advice you to change your district court council... as it seems he is unnecessarily harrasing you n your parents... as its not necessary that for every date the accused persons should be present before the court.... there are excuse for non appearance for some dates if you give good reasons to the court.... on the other hand i would also request you to file a petition under 205crpc before the court where your case is pending... for exemption from personal attendance of your parents on the ground of old age..

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