Ravi (a) 21 December 2016

Arguments stage in 498a

1. the 498a case is in arguments stage. my Lawyer says APP has to file first written argument and speak about the same to Magistrate. after that, the defect lawyer can file this side of arguments. Please confirm if this is right and can we see APP's version of arguments?

2. Can we ask the magistrate to specify "False Case" like words on the judgement because we provided our defence documents under 313 examination

3. Can we specify all the elements requirement for DV & CRPC125 in 498a arguments? since the allegations are one and the same.

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2 Replies

Laxmi Kant Joshi (Advocate ) 21 December 2016

1. Yes first the APP will record his written witnesses statement in the court before the magistrate and after that your advocate will make the cross examination 2. After end of cross examination and final arguements the magistrate found the case is instituted on false allegations he will write the same in his judgement 3. Yes you can use this judgement in DV and 125 cases .

R Trivedi (advocate.dma@gmail.com) 24 December 2016

1. Yes its right. A copy of prosecution argument, if written, will be given to you. 2. No you cannot ask the court what to write and what not to write. 3. You should always be specific and to the point in your arguments. It should be case specific.