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G. H. Tulsian   03 September 2017

Can one 498A accused face trial alone?

Dear Sir/Madam. I live in Delhi. My wife is from Uttar Pradesh and she has returned to her home and filed a complaint before Judicial Magistrate First Class there under 498A IPC. I have received summons and called to appear. Summons have also been received in the name of my aged mother and aged father who are the other two accused and they have also been asked to appear.

Can it be that I alone go to Court and face the trial? The allegation against all three accused is the same. That all three beat her for getting a Scoprio car. And the defense of all three that we are going to take is also same. The defence of all three is that the  date that she says she was beaten, she had already left our home one month earlier and I had made video of her leaving and also neighbors who saw her leave will be ready to act as witness of her date of leaving.

Because all three of us accused persons are going to take this same defense, that she was not even in our home when she claims beating, can I go to Court and tell them to start case against only me and if I succeed in proving that she had left, all three accused persons succeed in common defence and if I fail all three fail.

Is it possible that my aged parents do not have to go to Court at all and I alone take on the case? Please guide. I'm not getting good help from local Court because her uncle is a local neta type lawyer and I'm not even getting good local lawyers.



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 3 Replies

Siddharth Srivastava (Advocate)     03 September 2017

Your parents have to visit once for taking bail as the case seems to be a complaint case and thereafter on same day they can file application for permanent exemption. Collect all evidence necessary to prove your defence. Contest the case and put your defense in cross. You have to contest the case properly. Sidharth

G. H. Tulsian   04 September 2017

Thank you Sidharth sir. Yes it is a complaint case. So far as I know, police only went to my ancestral Uttar Pradesh house once and took no other action on her complaint (my parents have not lived in ancestral home for past 40+ years). Sir, so parents will have to go for bail once. Is it required that they also go for their cross examination?

G. H. Tulsian   04 September 2017

Thank you Sidharth sir. Yes it is a complaint case. So far as I know, police only went to my ancestral Uttar Pradesh house once and took no other action on her complaint (my parents have not lived in ancestral home for past 40+ years). Sir, so parents will have to go for bail once. Is it required that they also go for their cross examination?

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