Help against 498a quashing
iftekhar Malik
(Querist) 22 August 2015
This query is : Resolved
Respected Sir,
I have filed a 498A case Section are (498A/325/307/406) against my friend's brother in law and his family members. After two months of filling 498A case, I also filed 125Crpc and D.V.Act against them.
Now the case condition are police submitted the ''CHARGE SHEET'' against all of them and J.M passed a degree of INTEREIM MAINTENANCE Rupees 15,000/- per month to my client and D.V. act hearing till now not start. By aggrieving the order of Interim maintenance accused persons went to my Senior office and after some discussion my senior told me that you are fighting the victim case and Now I am the new lawyer of the accused person and if you move in this case then you will leave my assistant junior post.
Finally I leave his assistant junior lawyer post and independent ally handle my Friend‘s sister case. Two days ago my client received a 498A quashing notice of high court.
Sir , my friend 's sister are badly treated in her matrimonial house and in pregnancy condition of my client , his husband and in-laws badly assaulted her and also try to kill her but by the kind of GOD she saved by locality peoples .
My senior insulted me in fronts of all my friends and saying that I face a great problem regarding my carrier very soon and I am a young child and I will beaten by him in this case. Sir I respect my senior from bottom of my heart , and wining or beating nothing matter to me but I want to win the case for my client justice
Sir kindly suggests some steps to save my client and fighting the 498A quashing for the End of Justice.
Please Please Please Please Please Please Please Please Please SUGEST SOME STEPS TO ME THAT I CAN FIGHT THE CASE.
Sir I am hopping a positive response to all of you, you all are most senior and most knowledgeable in that kind of matter. Please help.
Thanking you
M V Gupta
(Expert) 23 August 2015
I think the quashing order is passed by single judge of the High Court. Did u not contest the application filed by the accused for quashing the case? If so on what grounds the Hono'ble Court has quashed? Was it an ex parte order? If so u should move an application to set aside the exparte order and allow ur client to contest the case.On the other hand if the order was passed after ur client contested, then u may have to file appeal immediately within one month of passing the order.
iftekhar Malik
(Querist) 23 August 2015
Respected Sir,
Thankyou for your valuable advice .
Sir I want to say that the hearing date is fixed on 05/09/15 in High Court of Kolkatta.
Sir I am preparing for contest the case.But sir I am too much afraid regarding this matter.
iftekhar Malik
(Querist) 23 August 2015
Kindly reply to me I need Ur help
M V Gupta
(Expert) 23 August 2015
From ur reply I understand that the petition is still pending.U have to satisfy the HC that the case is genuine- take the help of the charge sheet filed by the Police in the MJ's court. Hope u have filed ur counter affi8davit in the matter denying the allegations contained in the petition filed by the accused. If not do it and serve a copy of the counter affidavit on the other side before the next date of hearing. Wish u all the best.
iftekhar Malik
(Querist) 23 August 2015
Dear Sir,
A lots of thanks to you for Ur kind support.
SAINATH DEVALLA
(Expert) 24 August 2015
At the outset I appreciate UR courage in defying UR senior in continuing with UR client.Good gesture on UR part and true professionalism
As far as the case and the proceedings are concerned U have been aptly adviced by Mr.Guptaji, and act according to him.
Rajendra K Goyal
(Expert) 24 August 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Help-agains-498-a-quashing-555701.asp#.VdqiQyWqqko
