498a - what is notice of motion @ high court


Dear Sir/Madam

what is notice of motion status in the case while case is pending in high court.

Scenario: My 498a discharge petition is dismissed in lower court. Lawyer filed criminal revision petition in high court. the case is pending for last 3 months. i am keep asking whether to come to court or meet him. he says no. Now, i see that status is notice of motion and date is getting shifted next day(s).

kindly help. thank you.

 
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Advocate

in appeal and revision cases there was s no requirement of pe Sonal appearances of accused persons sons involved in the case. once revision is filed then along with petition a notice for motion is also given to other party pointing that the case is going to be listed in court on specified date.

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N.A

Originally posted by : 498aVictim
Dear Sir/Madam

what is notice of motion status in the case while case is pending in high court.

Scenario: My 498a discharge petition is dismissed in lower court. Lawyer filed criminal revision petition in high court. the case is pending for last 3 months. i am keep asking whether to come to court or meet him. he says no. Now, i see that status is notice of motion and date is getting shifted next day(s).

kindly help. thank you.

 

Scope of Crl. Revsion is very less. You should have filed writ petition under section 482 CrPC


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Thank you for clarification @Siddharth Srivastav  and @Sachin

@Sachin sir , it was filed first under 482 CrPC, but lawyer called first day of hearing and said case was admitted but dismissed in same day. so, we need to file criminal revision. I am really not sure next steps in my life.

I have been with this lawyer for last 3 years, and case moved just an inch - filed 239 discharge in lower court, spent 2.5 years, now 6 months gone in high court. Have paid fees of 75,000 so far. is it time to change the lawyer?

 
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N.A

Originally posted by : 498aVictim
Thank you for clarification @Siddharth Srivastav  and @Sachin

@Sachin sir , it was filed first under 482 CrPC, but lawyer called first day of hearing and said case was admitted but dismissed in same day. so, we need to file criminal revision. I am really not sure next steps in my life.

I have been with this lawyer for last 3 years, and case moved just an inch - filed 239 discharge in lower court, spent 2.5 years, now 6 months gone in high court. Have paid fees of 75,000 so far. is it time to change the lawyer?

 

Yes, if you are not satisfied you should change the lawyer. 

Check on court website weather the case was dismissed or not?

You should check the court order of every hearing on court website. There are many options for that like  case no. or petitioner or respondent name or lawyer name.

 
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