Legal Question in Criminal Law in India

Discharge/ speedy trial in trial under IPC 498(A), 406, 420, 114, 323, 504 & 506

6 & 1/2 years ago my wife had left my residence, taking with her all her ornaments, the receipt of which was given to us. Then 2 & 1/2 years later she filed a police complaint under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act to harass me as well my entire family (brother, sister & old aged parents). Allegations are false with no independent witness (except her parents who are staying 700 kms away from my residence). She has not even once appeared in the court and summons sent to her have been returned unserved. We have been highly depressed by undue delay of four years of trial still pending in the court. So please advice for speedy trial or for discharge with necessary citations of high courts/ supreme court or what to do in this situation


Asked on 9/12/02, 11:34 pm

2 Answers from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: Discharge/ speedy trial in trial under IPC 498(A), 406, 420, 114, 323, 504 &

You should file an application for quashing the complaint before the High Court on grounds of delay in trial.

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Answered on 9/13/02, 11:25 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Discharge/ speedy trial in trial under IPC 498(A), 406, 420, 114, 323, 504 &

Details and stage of the case/trial has not been stated in your query. However, I am presuming that it is a police case and charges have been framed by Court against you and your family members and case has been posted for recording of evidence of witnesses, including your wife since last more than 4 years.

In the past i.e. before April'2002 certain rulings of the Supreme Court (Common Cause, Raj Deo Sharma) imposed time limits to complete trial. However, in April'2002 Constitution Bench of the Supreme Court has over-ruled all those rulings in P.Ramchandra Rao V/s State of Karnataka. Thus, now there is no time limit to complete a trial. However, the Constitution Bench of the Supreme Court has upheld right of speedy trial. You may refer to abovesaid ruling of the Constitution Bench of the Supreme Court alongwith A.R.Antulay V/s. Ramdas Nayak AIR 1972 SC 1701.

Your other remedies could be preferring an Application for Discharge u/s.245 Cr.P.C. or approaching the concerned High Court for quashing of proceedings. However, both these proceedings would be worthwhile only if there is no prima facie case made out by the Prosecution and charges levelled are groundless.

However, a considered opinion can be given only after knowing all facts in details and examining and studying all the relevant case papers.

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Answered on 9/14/02, 4:45 am


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