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deepinder   05 June 2015

Charge-sheet process in 498a case

I'm A1(husband) along with 15 others named in an FIR based on false complaints by wife using 498a. We came to know the charge-sheet will be filed in the trial court soon. Me and my brothers are working outside India and would like to know;
* is it possible to receive the charge-sheet with other relatives present in the trail court
* if not possible, what should be done to avoid any warrant from the court
* when is the right time to file for quashing by providing all necessary evidences
* how long we can delay getting the charge-sheet 

Thanks for your help



Learning

 9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2015

Assuming that you have been out of country duly admitted on Anticipatory Bail and no further date was given to you, I am answering this query

 

* is it possible to receive the charge-sheet with other relatives present in the trail court

No it is not possible.
 

* if not possible, what should be done to avoid any warrant from the court

You should appear or make an application for exemption from appearance to avoid warrants in the said case.
 

* when is the right time to file for quashing by providing all necessary evidences

Quashing happens only on legal grounds and no evidence is taken in quashing. Hence, please study the chargesheet and discuss with your lawyer/ counsel about the same to know the chances of success in Quashing.


* how long we can delay getting the charge-sheet 

Speculative query can not be answered.

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

Nothing more to add than what MR.Kapoor has appraised the querist.

SOLOMON.RAJ (advocate/director)     06 June 2015

Dear Mr. Deepinder,

The charge sheet according to the criminal procedure code is usually filed with in 90 days from the date offiling of the First Informatyion report but the prosecution/police usually in many cases causes inordinate delay and takes it's own sweet time. So you may wait till the charge sheet is filed  and once it is files you will be issued summons to come and be present on such an such date and incase you fail to attend then the warrant will be issued.

You may also file a petition before the court seeking exemption of your attendance, incase the court dismisses your petition your lawyer can always file petition under section 317 of the criminal procedure court which the courts will normally consider.

The right time for filing a quash petition is after the charge sheet is being filed.

 

                                                   SOLOMON RAJ

                                      Advocate, High Courts of Andhra & Telangana

                            Joint Secretary, Christian legal Association ( New Delhi ,India)

                            BHARAT GAURAV SAMMAN AWARDEE (2014)

                           Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.

                           General Secretary, 34th U.C.C. ( A.P.),  
                             National Vice president, All India Christian’s Council,

                          Legal Chairman,  All India Christian’s Council,
                            email: rajcarey@yahoo.com, Ph:+91-9866545086

 

 

 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 June 2015

agree with shonee brother

Sudhir Kumar, Advocate (Advocate)     06 September 2015

agreed with Mr Shonee Kapoor

Sudhir Kumar, Advocate (Advocate)     06 September 2015

agreed with Mr Shonee Kapoor

Nalini Mehra (student)     06 September 2015

@sudhir kumar, why u felt the need after three months to agree to a old redundant post?

is it an unethical way to increase your view count ? what's this?

if u are so much knowledgeable & u have so much time then kindly spend some time answering my post with heading:- LLB Correspondence

thanks

SAINATH DEVALLA (LEGAL CONSULTANT)     06 September 2015

Dear Student,

U have no business to criticise a senior most legal expert.As long as the query is not closed one can respond any time.What kind of a student U R? U are a participant in this query, U have not responded to the querist? How do U intrude to contradict a legal expert? Thid can be reported abuse.

 

 

 

 

 

 

 

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 September 2015

Dear Student,

U have used the word REDUNDANT  do U know the meaning of that word,which is irrevelant to the original post?


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