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rockytalwar (self business)     14 December 2016

498a case quashed in highcourt, stop lower court proceedings

Hi, My wife has filed 498a case and charge sheet is submitted in lower court. I went to high court and got the case quashed.

I have questions in this regard.

1.Does the proceedings in lower stop automatically or do i have to submit memo/any petition in lower court along with hc order to stop proceedings?

2. I have taken bail and sureites have given bail amount. what is the procedure to get the bail amounts back?

Thanks,

Talwar



Learning

 3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

1. Normally proceeding stops automatically as per HC instructions, If not you will need to consult Local Lawyer and he will file application to initimate court.

2. File application to cancel bail bonds before Lower court.

Kunuthur Srinivasa Reddy   15 December 2016

Under Indian conditions, everything has to be spoonfed without making ideal assumptions about orderly administration in every department including judiciary. It is necessary to submit a copy of the official order from the Hight Court which quashed the 498a case to  the lower court, notwithstanding the fact that a copy is marked by the High Court authority i.e., Office of the Registrar to the lower court. The copy of the quash order has to be personally submitted to the  Station House Officer, of the concerned Police Station who filed the FIR on 498a case against you. There is no guarantee that the SHO would automatically move a petition to withdraw the case from Lower Court. You need to have lot of patience and perseverance to follow up to get a relief. It is essential to have hands on experience and exposure to realize the facts. You need to be much more active and vigilant than your counsel, always failing which years would roll over without any relief. 

SOLOMON.RAJ (advocate/director)     11 January 2017

Dear Rocky,

                    Please suggest your counsel/ Lawer  to file a Memo along with the Copy of the High Court order and bring it to thew notice of the Trila court despite the High Courts  official  communication to the lower courts. There by the trila Court's wil exempt you from all trial procedures and acquit you.

Secondly you need to file a petition under section 444 of the criminal Procedure code for return of surieties and there by the Courts will cancel the bail bnds and the surieties and will return you the Fixed deposit reciepts where in you can encash them .

There will not be any proceddings against you as for section 498-A is concerned.

Adv.DR.Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE,2014,
VICE CHAIRMAN, UCC ( INDIA),2016-17,
Ex-Member, Mega Lok Adalat , Criminal Courts,Hyderabad.
                 
 National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

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