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AYAN (SR. SUPERVISOR)     31 January 2012

Time for dismissal of 498a

Dear learned lawyers/advocates

I would like to how much time it takes to get a 498a dismissed if both the parties does not  appear in the court after the respondent declares he is innocent  ?
 



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 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 January 2012

498A is a criminal case without the evidence it cannot be dismissed.

Sanjeev (Lawyer)     31 January 2012

Both the parties you mean the accused not respondent this is how it is adressed in Criminal cases. If the accused dont appear on dates he will have his bail cancelled and warrants issued so the accused is to be present in court for the proceedings.

 

The case would never be dismissed unless quashed from HC or the accused are proved innocent throgh trial.

Advocate aslam (----)     31 January 2012

No chance to dismisal of your case because of it's warret triable case and once case started as per final hearing court decided conviction or acquittal.

Pawan Kumar (Partner)     01 February 2012

If the case you are talking about is a complaint case rather than being a police case, it can be dismissed if complainant doesn't appear before the court even on a single date.

Pawan Kumar

(Advocate)

AYAN (SR. SUPERVISOR)     01 February 2012

actually they  first complained first to the police but never appear before a court.  The accused declared in front of court that he is innocent  but before or after  the complainant  never appear before court.  Neither the accused got any call from the court since three years. Please suggest me what to presume about the current situation of the case?

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

Check with the concerned court.

File for quash in HC.

Aftab4u (PVT EMPLOYEE)     02 February 2012

If the case you are talking about is a complaint case rather than being a police case, it can be dismissed if complainant doesn't appear before the court even on a single date.

Sir,

My relatives inlaw filed a private complaint in Court and from past 6months he is not attending the court but the magistrate is simply giving dates he never bothered to issue any warrant / summons to complainent and the matter is simply lying in the court....on what sections the case can be closed pls reply.

AFTAB

Pawan Kumar (Partner)     03 February 2012

under section 256 Cr.P.C


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