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Rajan (IT Engineer)     02 March 2014

498a hearing

Dear all,

My ex filed the FIR under 498a at her native place and chargesheet has been submitted in Nov 2013.

We took the A/B earlier from MP high court and again regular bail from the lower court after submission of chargesheet. My parents could not go to the court after taking regular bail. The opposite party is aggresively following the case, as it is their native place.

I want to ask if my parents do not go to the coming hearing (our quash petition in High court is admitted and has also hearing soon but lower court has hearing earlier), what can be done by Judge (believing the worst case). Does the Judge give warning first or can cancel the bail ?

Thanks,

Rajan



 7 Replies

Rajan (IT Engineer)     02 March 2014

Also, what are the consequences of filing discharge petition in lower court when quash under 482 is pending in High Court ?

Thanks,

Rajan

rajendra (na)     03 March 2014

If you are not appearing in lower court you will recieve a Non bailable warrant against you if in case you accept summons.

If you didnot receive summons then court will give next date and ask police to serve the summons to you...

If your quash petition pending in High court did the court gave any stay order for this case ..if yes then give this to your lawyer ask lower court judge give date after stay over..

if you didnot got stay only quash petition filed then lower court judge will not care on this and meanwhile if you accept summons you need to appear in lower court..

Bail cancellation will be done if you violate the bail conditions

Good Luck

Sudhir Kumar (Dy Director)     03 March 2014

your quqash petition is admitted.  Yo9u have not said whether there is any stay on proceedings.

 

If any of the accused doe snot appear on the date then judges generally do not think twice before canceling bail and issue NBW.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     04 March 2014

Dear Rajan

Dont be panic. just file an application of exemption from personal appearence on behalf of parents in magistrate court........

T. Kalaiselvan, Advocate (Advocate)     04 March 2014

Please consult your lawyer and ask him to file a petition u/s 317 of Cr.P.c. before the lower court on the date of hearing seeking the court to condone the absence of the accused on the grounds whichever is the fact.  This way, you do not have to worry about any other consequence or action by the court for non appearance of the accused.

Rajan (IT Engineer)     08 March 2014

Dear esteemed lawyers & members, thank you for the replies.

We had hearing yesterday and we were absent. The judge went ahead with framing of charges even though we were not present in the court. My lawyer will file application for discharge on the next date.

Thanks,

Rajan

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     08 March 2014

Mr. Rajan

Magistrate cant not frame charge in the absence of accused. Magistrate might have just adjourned the case.


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