Akash (PD) 28 February 2015

498a and charges

Q1 . My parents are exempted from appearance in 498A trial by Punjab & Haryana HC. But the lower court at Ludhiana insists them to appear since charges are yet to be framed. As per lower court , we all three need to appear together so that charges can be framed. Also, the girl side are not appearing since the beginning. Please let me know if my parents need to appear / how the charges would be framed ? Can the Judge dismiss the case on the ground that girl is not appearing ? Q2. The Girl would leave India as she has received Family VISA for US leaving the case unattended. Where can I file RTI to know that this information is correct and can stop her from leaving the case unattended ?

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 28 February 2015

Dear, Accused persons are required to appear because whenever the charges are framed the court ask whether they pleas guilty or claim to be tried .... Appearance of your wife is not required if public prosecutor is there ... She can leave the country and there is no condition upon her leave .... Kapil Chandna Adv 9899011450