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deepakeshwar (Manager)     27 September 2011

498A, 304B, 3 & 4 DP act

Hi, Regarding This above 498A, 304B, 3&4 DP Act. (A1 to A5)

Session court has been charged after HBC(hearing before court) argument is done..

Is there anything altreative to drop A1 to A5 before charge to fix the trail..!?


please do let me know..

Thanks and Regards



 8 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

If grounds are there, go for discharge.




Shonee Kapoor

deepakeshwar (Manager)     27 September 2011

Thanks Shonee, in Bangalore Session Court - they have charged the case and gave date for trail..

after this charge happend, i can go for HC and apply, and when we apply in HC do Complaint side will come to know is i have applied for HC to Quash and there also same arrguement will happend on both the side..?

please do let me know.

Thanks and Regards


Rachit Jain (Law Student)     27 September 2011



If arresting stay vacated and no other remedy has left in HC ,what should do if HC says for bailing in light of Lal Kamlendra Pratap Singh basis that :

" if the petitioner appear and surrender before the court below within 21 days from today and apply for bail, then their prayer for bail shall be considered. For a period of 21 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the revisionists. However, in case the revisionists do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this revision is finally disposed of."

CJM has is authorised to given the bail because case has booked u/s 498a with313 IPC .In such a case bail should be granted by session Judge. And before disposal of bail plea applicant will be send to the jail.


Q. Is HC order is sufficiant to prevent  from my arresting ,if disposal of  bail plea has not done on the same day?

Q. Is any remedy is available in SC?

Q. Can SC given such order that petitioner should not be arrest before disposal of her bail plea.if i present in lower court before 21 days?





Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

Nisha Ji,


It means that the bail plea would be decided on the same day and unless bail is rejected you won't be remanded to Judicial Custody.




Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011



I don't think 304B can be quashed, so don't waste time and money.




Shonee Kapoor

deepakeshwar (Manager)     19 October 2011

Hi Shonee, Thanks for the ur reply.

that thing is _ After HBC(hering before case) happend from both accused and complainent side - Judge told the matter s for charge for A1 to A5 ( but its not charge still) what to know what this mean and steps after this.?

Our lawyer told me that ( its not charge still) all witness should come and tell and after that they ask A1 to A5 and then trail fix..? ( if yes ) is A1 to A5 now they cant dismiss or remove anyone right ?

Please do let me know

Many Thaks in advance


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 October 2011

Yes Deepshankar,


I agree with your lawyer.




Shonee Kapoor

deepakeshwar (Manager)     05 November 2011

Thanks Friend, Monday the matter is for charge ( P) what will happend on this process in court..? and when trail will fix..?



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