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Srinivas (.)     07 September 2017

498a- urgent

Sir, Wife filed 498a on me and my family (5 members) later released on bail. After that police filed charge sheet and our lawyer attending every hearing and filing absent petition last two years. Yesterday we have hearing our lawyer filed Absent petition but complaint came with her lawyer filed a petition saying accused not attending court past 2 years only they are representing their lawyer said in the court.  She requested to court that give a direction to attend all accused on next hearing. Judge informed to our lawyer that ask accused to appear next hearing. When I check status in Court website its appearing like this : All accused are present. Petition filed. As a last chance. “

We have threat from my wife and her family , we have already filed Quash petition in the High court and we are waiting stay order from High court.

Please advise how to proceed with and In case if our lawyer file absent petition in next hearing judge will accept if not Please advise .

Thanks for ur quick response.



 13 Replies

pankaj verma   07 September 2017

if ur counsel filed the permanent exemption then don't worry...wait for high court decision.... but acc. to me u should approach ur wife for withdrawal or compromise... it vl beneficial to u....

Siddharth Srivastava (Advocate)     07 September 2017

In order to avoid complications it is better that you comply with court order and appear in court as directed by court. Donot get scared. Keep your lawyer with you.
1 Like

Raveena Kataria (Advocate )     07 September 2017

As suggested above, it'd be prudent if you do not miss out on the upcoming court dates and comply with the court's instructions. If indeed the complaint placed by your wife against you and family members is false, the prosecution won't be able to establish your guilt beyond reasonable doubt without proper evidence. Constant absence from the court proceedings on the other hand puts off a different image entirely and may even affect your chances adversely.

Srinivas (.)     07 September 2017

Sir, Please claify meaning of the sentence  "All accused are present. Petition filed. As a last chance. “.  

1) Please advise wheather our lawyer doesnt have option to file ABSENT Petition in court in next hearing and  If he ABSENT Petition in court will not accept absent petiton. Please advise.

2) Please advise in case we dont attend next hearing in court what will happen? If our lawyer file ABSENT petition in court next hearing wheather court will accept or not? Please advise.

 

Thanks for ur time..

sai narayana   08 September 2017

That entirely depends on Judge's discretion which is well known to your lawyer only and no one else so better follow your lawyer's guidance instead of putting that burden on yourself unncessarily.

Anand Kumar   10 September 2017

1. File a petition in High court for exemption of personal appearance. If you dont have time for this, appear on this upcoming date and then file it.

2. Mention your case of quash petition before the high court and get it listed early and pray for stay.

Arjun   10 September 2017

@ Srinivas

Anand Kumar rightly adviced, if you dont have time to file petition for exemption of personal appearance,appear for the upcoming date and also mention that your quash petition is pending before the high court.

Thanks,

Arjun


(Guest)

https://www.lawyersclubindia.com/forum/Don-t-help-or-guide-this-fraud-account-person-154366.asp

Vijay Raj Mahajan (Advocate)     26 September 2017

File application for granting permenent exemption in the trail court from appearence in the High Court along with the quashing petition.

File application for exemption on the next date fixed in the trail court if you are unable to attend the date fixed. Exemption application should state reasonable ground not vague ground like, threat by wife and her relatives, for such threats file complaint against them in the court itself.


(Guest)

If you taken dowry, you wil go to jail, your parents also will go to jail.


(Guest)
Originally posted by : Srinivas
Sir, Wife filed 498a on me and my family (5 members) later released on bail. After that police filed charge sheet and our lawyer attending every hearing and filing absent petition last two years. Yesterday we have hearing our lawyer filed Absent petition but complaint came with her lawyer filed a petition saying accused not attending court past 2 years only they are representing their lawyer said in the court.  She requested to court that give a direction to attend all accused on next hearing. Judge informed to our lawyer that ask accused to appear next hearing. When I check status in Court website its appearing like this : All accused are present. Petition filed. As a last chance. “

We have threat from my wife and her family , we have already filed Quash petition in the High court and we are waiting stay order from High court.

Please advise how to proceed with and In case if our lawyer file absent petition in next hearing judge will accept if not Please advise .

Thanks for ur quick response.

If accused also absent, vakil also absent on date.  Court issue warrant in accused name. Dont stay in address known to court. Stay somewhere else or you will be arrested, put into jail and then presented before the magistrate on next date or when van available to taek your baarat,

First change your advocate.

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