Sessions Case
Chilamakurthy Venkat Raao
(Querist) 04 July 2019
This query is : Resolved
Sirs, My wife filed 498A, 354 under IPC and 3&4 of DP act in April 2014 against me,my parents,sister and cousin brother. But as we got stay from high court on my parents and sister till now case has not started. But to start the case my cousin brother on whom 354 has been filled is not interested to attend court. As he is not interested to attend court can we split the case into two and start proceedings on me,my parents and sister in lower court. If so, what are the conditions for splitting a case. Will it harm in anyway to my cousin brother later
Dr J C Vashista
(Expert) 05 July 2019
It can not be bifurcated as your brother desires.
Consult your lawyer who have successfully managed anticipatory bail for other family members since s/he is well aware about the facts and circumstances, an able, competent and intelligent lawyer to contest your case(s).
Do not adventure to seek opinion on this platform on the basis of limited facts, which may harm your case(s), although it is available FREE OF COST.
If you have lost faith in your lawyer change him/her immediately.
You may seek second opinion and advise of another local prudent lawyer for your satisfaction, guidance and proceeding (if required).
P. Venu
(Expert) 05 July 2019
You can request the court.
Hemant Agarwal
(Expert) 05 July 2019
1. Case u/s 498A is NOT a private criminal case. The case/ charge-sheet is filed in court by the Police dept. (State), against all the accused collectively, on complaint of the house-female. HENCE the case CANNOT be split or separated for your over-smart Cousin brother, for his conveniences. Two trails /court proceedings cannot run for one collective offence.
Keep Smiling .... Hemant Agarwal
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