498a harrasment
Madhava K Murthy
(Querist) 29 May 2016
This query is : Resolved
Dear Experts,
I am facing 498A ,323,506 case, charge sheet filed, summons served for the appearance of accused, we are totally 4 family members facing this false case, I am A2 in this case. The next hearing date is posted for next month.my questions are as below
1. When should I file for quashing of charge sheet in the higher court, since none of the accused are staying together and all from different places. Especially my married sisters A3, A4.we are having enough proofs against the charges. Our lawyer is just prolonging the time stating that he did not receive the charge sheet copies, the copier is not working like that, he is claiming he filled application for certified copies of charge sheet and other documents 3 months before still no results?? I don’t know why he is prolonging that much??He took money also as advance for quashing application, but so far he did not applied??
2. Once the trial starts then all of us have to attend the hearings?? While trails are on, then in between can we approach the higher court for quashing of the charge sheet with other lawyers??i heard once trial started then we have to face it till case disposed ?? is it true ??
Dear experts we are facing this situation first time in our lives, we don’t have any knowledge of LAW. Kindly give me your valuable inputs on this.
R.K Nanda
(Expert) 29 May 2016
query too long.
Rajendra K Goyal
(Expert) 30 May 2016
Discuss full matter with some senior lawyer for second opinion. If you have enough proofs, you may proceed with case for illegal detention against the police. In such case quote the threat by them also.
Use RTI to get the fate of your letter / complaint.
Your brother left country without court permission, he can be in trouble.
You may proceed for quashing after discussion with your lawyer, chances seem to be remote in the given situation, even then you may take chance.
