Nbw issued when summons not served in 498a

Thank you sir.

Nobody has informed us that CS has been filed, they have done everything in secret and today was the first date. We checked int he court today evening and findout that NBW has been issued on the first hearing itself. 

Where should we go to get the NBW recalled, Magistrate court or sessions court.

If you do not act immediately then on next date all of you are in jail.

Sir what should we do, go to court today and request to cancel the NBW?

You have been advised well, go for cancellation of NBW.

got nbw cancelled. Thanks everyone for suggesting.

Thats great. but please share will all of us that how NBW was issued after granting bail. and how is it possible that you were not informed at time of filing of chargesheet as it cant be filed in absence of accused or his lawyer.(as mentioned by Ashish sir above). From this episode can we conclude that P.P our lawyer and Police can join hands to affect case and harasse husband further. please share with all of us here.

thanks in advance

regards

victim

you need not to worry go to megistrate court ,and apply for the nbw recall. definetly nbw will be recalled.

one query for all my seniors . i have never seen filling chargesheet before accused or councel specially in megistrate courts . after recieving chargesheet court summons to accused.

Yes Mr Rashi I too is surprised to see the comment that charge sheet is submitted before accused. Mr Streetrider,  Charge sheet is submitted by the police after investigation to the CJM and the CJM then takes cognizance on the chargesheet  and then summons are issued by the accused. It appears you took the bail after submission of the chagesheet from the court where the trial of the case is proceeding, so in that case on non appearance the NBW has been isused.

Police has submitted the CS in September and they didn't inform us, the CJM has written to issue summons but nobody from court bothered to issue us summons for some reason. So when the first hearing came, the clerk told CJM that no summons has been issued but he still without even reading anything issued NBWs.

Today we went and put new application and were present in the court, again without even reading he cancelled it. Everything was over in 10 minutes today.

This is the state of Indian judiciary and we all have to suffer caught in it.

This happens in lower courts.advocate must me alert and clarify about problem ,he has to rise his voice.

case is registered in court much before chargesheet andyou neglecte the case. Still there is time to mend if you want

It is not the fault of your advocate. It is because of the miscommunicaton of the official of the court and the judge. Since you have appeared and now the case will proceed for trial and the stage of charge fraiming will come. Ask your lawyer to argue against the fraiming of the charge.