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Abhi (law student)     19 December 2014

498a wife not taking summons

My wife filed 498a against me,my parents, sister and brother in law long back. After bails and filing of charge sheet now trail started. summons are being sent to her but they returned back as they shifted  to other house.

Now i am being told that summons will be sent to the police station in which she gave complaint. Is this true?

what if police also wont get address?   will their evidence be closed? and shall i be acquitted?

plz reply..



Learning

 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2014

Dear Querist

first of all the court issue summon through SHO if after that she is not ready to appear before the court then court issue bailable warrant and after that Non-bailable warrant.

 

on the non prosecution you may be discharges by the court.

1 Like

Abhi (law student)     19 December 2014

thnx for the reply sir. but she shifted to new house. so how many times summons are served through SHO ?

Today  in the SHO called her infront of me on her mobile but she said she is out of town and will come after 15 days and will meet SHO. I doubt? . what will happen now?

N R Dash.. (Advocate)     19 December 2014

Abhi,

 

Rightly advised by Nadeem Qureshi. However, could not digest "their evidence be closed"?? If she filed a case with proper evidence, why she is avoiding???

 

Anyway, in case of no-show from your wife side, you may be acquitted by the court.

Abhi (law student)     19 December 2014

thank u sir for the reply. what i wanted to ask is if summons are not served to her  for first time will court serve them again for 1-2 times and then gives bailable warrant  or immediately gives warrant. what happens if NBW is given? please throw light on the above issue.

i am not getting her new address.  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 December 2014

Summon / BW / NBW these sounds good but time consuming.

 

Do you think she does this herself ? No, She has been advised from our corrupted judicial system to do so. :P

 

I would suggest please appear HC in-person and apply Criminal Writ (Article 227) with all orders and certified copies of FIR, CS and Seizure List.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

cyberlawyer (barrister)     31 December 2014

Nadeem Sir

If the wife has filed 498 against husband then summons are issued to the respondent/husband, right ?. I dont know why summons are issued to the wife/complainant instead. Is it mandatory procedure under CRPC to summon the complainant and his presence is mandatory during testimony of the accused ?. 

thanx 

abhisheksinghadvocate (advocate at lucknow)     03 January 2015

No,  Mr. Cyber lawyer i think there is some confusion, court was sending her summons to give the evidence. And after summons, BW and NBW if she will not come to the court then her evidence will be closed. So Mr. Nadeem is right. 

mubeen (MD)     05 January 2015

There may be provision for closure of evidence as said by Nadeem Sir but practically court gives a lot of time for complainant to appear.Court always wants the trial to be completed.I really dont know whether 498A is discharged in her absence.Better option is given by Rocky sir.

abhinav   12 January 2015

I really thank to Mr. Nadeem Qureshi ,and hats off to your desired hardwork and dedication towards the success of getting Bail for me and my family . My wife has given the false complaint of 498a and 354 c and her old age lawyer has played smartly not o grant the bail but Mr. NADEEM QURESHI has done the tremendous job. He through his statements energitic towards judge and finally no doubt we got the BAIL.  SOMETIME HE ALSO CRACKS the joke in the court in the front judge when atmosphere heat up. 
Appreciated !!

I wish you all the best to succeed in every part of your life and get the success in every case of court. !!

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