Legal Question in Criminal Law in India

Dear Sir,
498a case was againest my husband was lodged in the lower court year 2003, after nessary formalities the case was put to the lower court of kolkata the court frmed charges by order dated 16.05.05 from that date till to day I attended the court in differant dates,but the Ld judge did not exminatied me till to date. My husbad moved to the high court kolkata with a prayer for quashing the case in the plea that till to date no examination of me was effected by the judge and also mention that it is a violation of art 21 of constitution of India and also reffered a case of "Unnikrishnan's" case of 1993.
1.I may kindly be enlightned as to wheather the high court could Quash my case without giving me any chance of my diposition in the lower court undear the above case?
2 If the High Court can quash the case the rule may be mention and in that case my farther action in this case may be advised
As I attended the court to give my witness so there is no fault on my part why the ld judge could not take my witness it is best known to him.Why I should suffer for no fault of mine it is not known to me.

Asked on 8/12/09, 7:10 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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1. No.

2. You may go to Supreme Court.

You cannot be made to suffer like this. You should pursue your case properly through your local lawyer.

Answered on 8/12/09, 10:48 am

Shrichand Nahar S.V.Nahar, Advocate

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1. Check whether you were made a party in the proceeding before the high court and was served.

2. If you were not a party in the high court, consider moving a Review Petition in the high court.

3. You may also approach the Supreme Court.

Answered on 8/13/09, 1:03 am

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