ABCD 18 September 2015

498a query

Hi ,

Co-sister has applied 498A case on us ( Me, my husband , in-laws and her husband)

My name and my husband name is not included in FIR but added in charge sheet .

we both(me and my husband ) applied for quash and HC gave stay with 482 crpc .

We both didn't attend the lower court and our lawyer submitted stay order . My in laws attended court (first attendance after issuing summon ) and my in-laws lawyer says chargesheet will not be issued as we didn't appear in court .

Unless all the accused attends court they won't be given with charge sheet and case would be delayed because of this . Is it true?

Few queries

1. Is it mandatory that charge sheet is given in court only if all accussed are present

2. But we both have stay is that not considered for issuing them with charge sheet

3. should we both attend for next date so that charge sheet is provided

we are in hyderabad . Please let us know the actual rule

Reply Follow

6 Replies

(Guest)

since you and your husband has been given stay, the proceeding against you two will be stopped. but not so in case of in laws and co sister's husband. for them proceeding will continue.

i think you and ur husband need not attend court but rest of pary should attend.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 September 2015

no need to worry, after submitting the charge sheet before the court, court may take cognizance and then issue summon to all accused and after that you have to appear before the court otherwise not.

Feel Free to Call

SAINATH DEVALLA (LEGAL CONSULTANT) 20 September 2015

Dear ABCD,

20 days back U posted the same query "498A help", why did U repeat it again

1 Like

ABCD 21 September 2015

Hi Sainath,

My intention is not to post duplicate queries . Earlier my doubt was what evidence is required to prove innocense .Currently our lawyer says we need n't attend and but in-laws lawyer says until we attend ,charge sheet won't be given to them and their case will not proceed . Both are contractdicting . Any way will follow what my lawyer suggests but just put a query as it was confusing

ABCD 21 September 2015

Thanks Arix for replying back

Thanks Nadeem for responding back . Charge sheet already prepared and submitted in court . We received summons as well .The day PS called to take summons , we also got stay order from HC 482crpc . Hence we both didn't take summons and our lawyer went to court on the day we were asked to come and he submitted stay order .