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Balaji (Self)     16 August 2014

498a-bail for parents

Hi All, My wife filed 498a and case moved from JFCM Court to lokadalat court. In lokadalat judge given 90days time. After that both parties didn’t attended and our lawyer attended taken next hearing. My wife is telling after divorce only withdraws the case. Last time we went there but she didn’t attend and our lawyer attended that day and taken next hearing in loakadalat. Compromise amount deposited in Joint account and she has to withdraw all cases and after divorce only we are going to give that amount.

In FIR, My name only mentioned and got regular bail but in Remand Report my father and mother names mentioned and didn’t take bail. In lokadalat am (A1) attending and they are marking A2.A3, and petitioner absent. 

 1)In next hearing if wife don’t attend case will be moved to JFCM court.If file move to JFCM Court, when we have to apply bail for A2 and A3? Before or after filing Chargesheet because A2,A3 names mentioned only Remand Report? Please advise.

 2)What is the procedure transfer case from lokadalat to  JFCM court ? how we come to next hearing date in JFCM Court, after filing charge sheet or Before charge sheet? Please advise. Thanks to all



 



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 9 Replies

Balaji (Self)     17 August 2014

Hi All,Please advise on above query..Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2014

Which court the case is in? She can not withdraw the case except in Andhra Pradesh, it needs to be quashed.

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 August 2014

1)In next hearing if wife don’t attend case will be moved to JFCM court.If file move to JFCM Court, when we have to apply bail for A2 and A3? Before or after filing Chargesheet because A2,A3 names mentioned only Remand Report? Please advise.

You can apply in Session Court or High Court for Anticipatory Bail U/S 438 CrPC now for A2 & A3. Let the it come to JM.

 

 2)What is the procedure transfer case from lokadalat to  JFCM court ? how we come to next hearing date in JFCM Court, after filing charge sheet or Before charge sheet? Please advise. Thanks to all

 

Just file a petition in Lok Adalat to bring in back to JM. You can do it in-person (Without Advocate also)

 

 

Please read my each posts carefully.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Balaji (Self)     19 August 2014

Hi All, Thanks for ur time. After moving to JFCM,Shall I go for quash and speed trail in High court? If so what documents required to file in High court for quash and speed trail. Please advsie. Thanks for ur time.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 August 2014

Speedy Trial should be taken as top priority. Certified copy of FIR is enough.

Balaji (Self)     20 August 2014

Hi All,

1)  A2 & A3 names are mentioned in Remand Report only and not in FIR. Please let me know when arrest will happen ? After filing charge sheet or Before filing charge sheet? Please advise.

2) When is the right to file for quash and speedy trail  in High court ,After filing charge sheet or Before filing charge sheet? Because A2, & A3 Names are not there in FIR only in Remand Report.  If I apply for quash, only I have to apply for quash not  for A2 & A3.

Please advise.

Thanks to all...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

Remand Report means what? I have not come across this terminology in northern India.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Balaji (Self)     21 August 2014

Hi Sir, when they filed 498a,in FIR they mentioned my name only and Police  didnt catch me and I was not at home then they taken my parents and kept 5 days in police station after that they made us to sign compromise paper and my in laws told to CI and given release his parents for arrange money and send him to Remand. Police submitted me in court and they written my parents names in Remand Report and mentioned absconded.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

Hmmm,

 

It is still not making any sense to me; I guess some lawyer from your area would be able to guide you better; remain patient; someone would reply.

 

To my knowledge the police later added the name of other accused. Which they can.

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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