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ABCD   18 September 2015

498a query

Hi ,

Co-sister  has  applied  498A  case  on us ( Me, my husband , in-laws and  her  husband)

My name and my husband name is not   included in FIR  but  added  in charge sheet .

we both(me and my husband )  applied for quash and  HC gave stay  with 482 crpc .

We both  didn't  attend  the  lower court  and our lawyer submitted  stay order .  My in laws attended  court  (first  attendance after issuing summon  ) and my in-laws lawyer  says  chargesheet  will not be issued  as we didn't  appear in court .

Unless all the accused  attends  court  they won't be given with charge sheet  and  case would be delayed  because of this .  Is it true?

Few queries

1. Is it mandatory that  charge sheet is given in court  only  if  all  accussed  are present

2.  But we both have stay is that not considered for issuing them with charge sheet

3.  should  we both attend for next  date so that  charge sheet is provided  

we are in hyderabad .  Please let us know the actual rule

 

 

 

 



 6 Replies


(Guest)

since you and your husband has been given stay, the proceeding against you two will be stopped. but not so in case of in laws and co sister's husband. for them proceeding will continue.

 

i think you and ur husband need not attend court but rest of pary should attend.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 September 2015

no need to worry, after submitting the charge sheet before the court,  court may take cognizance and then issue summon to all accused and after that you have to appear before the court otherwise not.

 

Feel Free to Call

SAINATH DEVALLA (LEGAL CONSULTANT)     20 September 2015

Dear ABCD,

20 days back U posted the same query "498A help", why did U repeat it again

1 Like

ABCD   21 September 2015

Hi Sainath,

My intention is not to post duplicate queries . Earlier my doubt was what evidence is required   to prove innocense .Currently our lawyer  says we need n't attend and  but  in-laws lawyer says  until we attend ,charge sheet won't be given to them and their case will not proceed . Both are contractdicting . Any way will follow what my lawyer suggests   but just  put a query as it was confusing

ABCD   21 September 2015

Thanks Arix  for  replying back

Thanks Nadeem for responding back . Charge sheet already prepared and submitted in court . We received summons as well .The day PS called  to take summons , we also got stay order from HC 482crpc .  Hence we both didn't take summons and  our lawyer went to court on the day we were asked to come and  he submitted  stay order . 

Kaatu Poochi (Kaatu Poochi&Co)     22 September 2015

498A Important citations 

 

https://goo.gl/kf6Eyy


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