pankaj kapoor 19 August 2016

Ex party - 498A

Dear Experts Need guidance on below query.... My wife had filled complaint cases under section 498A, 323, 504, 506 in April 2015 , but I did not receive any summon/ notice till date. These cases were filled as private complaint in court. She has attended 8- 9 dates so far. Since I did not receive any summon and did not attend any court date.. Can it be ex party and judgement would be in her favour.. Please advise... Do I need to take any action? Thanks

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6 Replies

Vibha 19 August 2016

Criminal cases cannot proceed ex parte.
Magistrate will ask her for evidence before summoning you. Magistrate may also order police investigation in which case police will send you notice. After court is satisfied that charges are made out you will be summoned by court. All this process can take easily 1 year.
Dont worry about arrest.
Cooperate with investigation when you are called.
Defend case on merits when summoned by court with help of lawyer.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 August 2016

Criminal cases dont follow the procedure of civil law and hence thw question of being proceeded against ex parte does not arise. As such however, if you want you can have a lawyer or some other person watch the proceedings in court to determine what stage the mattrr is at. Most probably shall be at the stage of pre summoning evidence.

Augustine Chatterjee

Advocate & Solicitor at Law

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pankaj kapoor 19 August 2016

Sir, I have got the details from e-courts website.case is still at appearance stage. Next date is 16th sep. Should I attend court date although not received any summons? We have collected the complaint documents from court thru the help of an advocate. It is written on those papers that i am not appearing on any date hence nbw should be issued. What action should I take? Please suggest.

pankaj kapoor 20 August 2016

Dear Sir/ madam Should I attend the court date as I come to know through e- courts website that next date is 16th sep? Complaint documents which I extracted through court show that NBW should be issued against me as I did not ever attend the date... Thanks for guidance...