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navdeep (ABM)     24 October 2014

498a summons issued

FIR registered 11/9/13, CS filed-26/8/14, 18th was fixed by court next date is fixed 21/11/14.

I moved a 482 at high court filed on 26/9/14 but still it is in pending state. Lawyer says it was listed on 9/10/14 but then onwards it is in backlog and court is not taking the backlog of that date. i also checked on site of allahabad HC, it is showing pending and not mentioned when it will be taken up.

My lawyer says we can not do anything...Is this right??? Can't we do anything in this system?? a woman files false case and we all have to go to jail and get ourself bailed 500 kms away from our home where there is nobody there for surety required at the time of bail. Is this the system and law??

Plz suggest......


 19 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 October 2014



Please file an application before the High Court mentioning about the status of the case and prepone the date of hearing.


Adv Kapil Chandna


navdeep (ABM)     24 October 2014

Kapil sir in HC no date is fixed for my case, it was to be listed on 9/10/14 but could not. thereafter no date mentioned. What is the way then??

Dr J C Vashista (Advocate)     25 October 2014

I have already replied to your PM, see your personal message box and proceed.

navdeep (ABM)     25 October 2014

is there any way that my case can be taken up by court before 21/11/14???? my lawyer says we cant do anything but pray since it is due to planets and bad luck.

Rocky Smith (Instructor @ Calcutta (     25 October 2014

I hope you will get your answer in the following link.


Please come up with your new questions. I will answer.

navdeep (ABM)     25 October 2014

thanks a lot ur point.....but going 500 job....leaves etc....then attending lower court....thats y we engage these law professionals....they are mostly earning from our limitations...but yes we have to make a comparative analysis that going 3 times 500kms away is beneficial or pending status in courts for 5 years is.......i know lawyers earn out of our limitations..most of them talks very good while taking cases taking advances but dont pick phone after money is transfered to there account.....i have experience of three lawyers at bribed and didnt attended dates even after taking advance from....coz i cant have a watch on them from dehradun they did everything for money....

1 Like

Rocky Smith (Instructor @ Calcutta (     25 October 2014

You can file quashing with speedy trial in HC in-person. This will not take much time.

Quashing is hard but you will definitely get speedy trial order. Submit that in JM and then hire a lawyer to represent you. You need not come physically everyday. Let others accused (i.e. your parents, brother, sister) attain to keep track on the activity of that lawyer.


Another thing is please move your case with 401 CrPC read with 482 CrPC and 483 CrPC for quashing with speedy trial. Good Luck!

1 Like

BHUWAN RAJ 09839268489 (lawyer)     26 October 2014


I practise at allahabad high court only. If ur case is in the fresh list then it will be taken up in its turn as in fresh cases no application can be filed for further preponing the same. The reason for time is that fresh 482 filing in allahabad high court is much higher than any other high court in India. But normally the same is taken up in 2-3 days and majority 482 petitions are disposed of on the same day. In 482 matters of 498A matters  there are chances that except husband other persons prosecution is stayed by the Hon High Court. For husband generally he has to surrender and apply for bail which is also generally  granted by the courts below if it is a no injury case. For further queries plz call



Bhuwan Raj, Adv

cell : 09839268489




1 Like

navdeep (ABM)     26 October 2014

Thanks bhuwan case is fresh 482 and presently in backlog list of court no 41 was last listed on 9/10/14 but was not take no further information is given neither on site nor by my advocate. thanks sir i will call u.

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

You have been advised in the PM about the procedures to be followed.  You cannot  keep grumbling about the bad advocacy, you must use your own prudence while selecting lawyers, if you had a bitter experience with one lawyer, that should have taught yu to select a proper and good lawyer, instead you are falling prey to bad ones again and again then keep grumbling about them, no opinion can be given to your such repeated bad experience.  As learned advocate Mr. Bhuwan Raj suggested some steps, you may take his practical advise for further proceedings.

1 Like

Adv. Chandrasekhar (Advocate)     27 October 2014

Thanks Mr. Kalaiselvan for very good response.  Let me use this opportunity that some forum members are using very foul language against the advocates.  We can understand that they have been facing very excruciating situation, but that does not give them liberty to vent out their anger against the entire advocates.  Despite complaints, the website incharge is not taking any prompt action.  I REQUEST AND APPEAL ALL THE ADVOCATES APPEARING ON THESE FORA, DO NOT GIVE ANY ADVICE TO SUCH INQUISITORS WHO USE FOUL LANGUAGE AGAINST THE ADVOCATES. 

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

Dear Chandrasekar Sir,  You are absolutely right that some querists having bad experience with some advocates vent out their general opinion in public for like this which reflects on the whole advocate fraternity, especially on the very skillful and expertise lawyers who spare their valuable time in the service of mankind by offering their free opinions/advises for the benefit of the needy and hapless litigants.  I had been raising this issue with the LCI admin team time and again, lets see when they will wake up as well. Thanks for your appreciation Sir.

navdeep (ABM)     28 October 2014

I appreciate Adv. T.Kalaiselvan, till the day i joined i use to read his posts, he has been very helpful to people like me, even he replied my pm everytime. But Mr. Chandershekhar it is not done, atleast read carefully how Kalaiselvan sir commented my post. he himself knows that lawyers are such nowadays but by not using language like you he  shown a wave of trust for people like me, i know and very well know that not all of lawyers are corrupt...neither i commented on good was for those bad corrupt ones, why you reacted???????? And Mr.Chandershekhar how would you justify the step of my opposite party's advocate who fascilitated them to make false medical, provoked them to file such no of cases?I have long list of his bad deeds.............Being a good lawyer you can always advise on preventive measure that can help people not falling prey to corrupt advocates, i am confident it will help more than double than your precious advises on this forum........anyways nothing personal from you, plz ignore if it hurts..i also offer my apolizes if any of my statement hurts you personally.

And rest for falling prey to same lawyers again and again Adv.T.Kalaiselvan sir, a person when gets trapped to this process of law initially don't know anything about law and its proceeding, but as the proceedings move one starts to learn, it is why Mr.Shonee, Mr.Rocky, so many to name have started advising equally technical to advocates of this forum. There are constraints in practical life which we have to face and proceed but awareness and knowledge about law gives strength and show the way. We look forward for knowledge and awareness about law from you esteemed lawyers on this forum, (i know and beleive those courrupt lawyers don't appear on this forum ). I think it neither matters nor you will be interested to know y i fallen prey again n again..but i trust you understands that there would have been situations, for as you are a very experienced lawyer.


Anyways nothing personal to apologies if any of my statement hurts anybody....


1 Like

navdeep (ABM)     28 October 2014

There are 0 Replies to this message


Vipul Popli

[ Scorecard : 28] Thank Contributor :  Send PM
Posted 39 minutes ago Quote Report Abuse

Dear Friend,


I would request you to please provide a legal guidance as one of my friend's father has gone under severe depression. 

The incident begins with that Mr. X(I don't want to reveal his name) used to stay on the 1st floor in Delhi and Mr. D used to stay at 4th Floor(Top Most). Now Mr. D has installed a gate in the common stairs which the entire society was using and has locked it so that no one can go on the stairs. But as per the registry of Mr. X its clearly mentioned that they have right to go on the roof for Water Tank & Other Activities. 

After that Mr. X & D had some argument and Mr. D immediately called the police and stated that Mr. X has torn the Top of Mr. D's wife and has beaten him. Police investigated the matter and found that Mr. D has made a false complaint against Mr. X and refused to register and FIR. Now Mr. D whos father is an advocate has submitted a complaint against Mr. X and Local Police that they have taken bribe. He has also made other false complaints which all were found bogus by Local Police on investigation. As a result Mr. D's father has raised 4 complaints against Mr. X under Section 156(3) and has requested the court to direct the police to register an FIR. Police has submitted the report in the favor of Mr. X and has told court that all the allegations of Mr. D are baseless. 

After that Mr. D's Father has send letters to Various ministries and Mr. X's office stating that is  taking heavy bribes, and he has huge amount of property and runs a s*x racket. Where as Mr. X is an govt employee and is reputed decorated officer and has served Indian Government from last 29 years with values & quality.


Mr. X has also made a request to court under civil to stop Mr. D from going on the roof which is under mediation and from last 9 times Mr. D is not coming for Mediation.

Can you guys please suggest me the way to stop Mr. D's father who is an advocate and is misusing his power.

What course of action Mr. X can take against Mr. D and his father.


This is what a person who know about law can do to harass others?? and this happens in most of the dowry and women oriented cases......what do say mr.chadershekhar?? this is the should accept...its not that when one quotes about corrupts he/she quotes directly on you......You are a reputed and very sincere lawyer so you should just read it and forgets as they are not meant for you.

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