498aindian (other) 24 July 2014

Surrender or wait for ab final hearing at high court

Do I surrender before lower court in false 498a or still wait for final hearing of Ab at highcourt? My daily list of Ab is moving very slowly daily 5-10 is decreasing. Now it is around 1250, by seeing this speed one can guess that his final hearing will come after 3-4 months.

Nbw is issued and opponents are pressurizing for p.o as next date gone for 18 aug at lower court. Iam in dilemna as what to do? Plz suggest me and guide me.

Police are harassing my family. They are searching me inspite of my Ab filled before highcourt.

Reply Follow

7 Replies

Tajobsindia (Senior Partner ) 24 July 2014

1. It will be contempt of Court since a competent Court has seized up the matter.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2014

Dear Querist

if there is no arrest stay order passed by the HC then the police may seach you to execute NBW issued against you, it will be better to file an application u/s 482 of Cr.P.C before HC against the NBW issued by Trial Court and try to get stay on execution of NBW till the final disposal of Your Anticipatory bail.

Feel Free to Call

1 Like

498aindian (other) 24 July 2014

Thank you tajob sir and nadeem sir for your reply.

@tajobsindia, sir plz elaborate your point Iam not able to understand what to do at this stage. How long I hv to abscond. My lawyer told me that he will get stay on my arrest but he bluffed me and made my case more complicated. He has not even tried for interim stay. Sir,how to avoid this Nbw or arrest?

@nadeem,

Sir, under 482 how long it will take to get stay? Do I have to personally involve in this procedure during the time of filling petition? I dont want to be there because of Nbw.

Dear all Plz tell me the safe mode to get stay order on my arrest. Second thought is that if I surrender then how long I will come out by regular bail? Is this safe for me?

Do I have chances to get regular bail within few days from lower court itself. Do SC instructions on recent not arrest judgement in 498a is not followed?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2014

Dear Querist

my opinion on your queries are as under:

1. under 482 how long it will take to get stay?

OPinion: it may be possible to get stay on first date of hearing.

2. Do I have to personally involve in this procedure during the time of filling petition? I dont want to be there because of Nbw.

Opinion: your personal presence is not required at the time of hearing only for signing the documents.

Dear all Plz tell me the safe mode to get stay order on my arrest. Second thought is that if I surrender then how long I will come out by regular bail? Is this safe for me?

Opinion: It may be 7 days remain the matter of facts and allegations.

Do I have chances to get regular bail within few days from lower court itself. Do SC instructions on recent not arrest judgement in 498a is not followed?

1 Like

498aindian (other) 24 July 2014

Sir,sorry for asking another query

at first date of hearing, what does this mean? Signing the documents during first hearing? Sir, in 482 also daily cause list will reduce and it will come for first hearing or is it like few days after filling ? Because again after filling it will take time to come for hearing. I want to know what is the procedure to get interim stay till final disposal of ab.

Adv k . mahesh (advocate) 24 July 2014

ur lawyer may have tried for bail but court had not agreed what is the case and how strong the evidences are there do not know

so try to contact your lawyer about 482 section and if he says no chance then meet another lawyer and apply for stay of arrest

normally at admission stage only interim stay will be granted and in your case court had not ordered

1 Like

498aindian (other) 24 July 2014

@k mahesh, yes sir you are right. Something my lawyer has missed might be he has not requested for interim stay order at admission stage. My case is very strong but I have been bluffed by lawyers and not got the right lawyer. The thing is that I dont stay at the case filing jurisdiction, the opponent have shooked hand with my lawyer in my absence, now they are harassing me. I need to abscond for 2,3 months or simply go and surrender at court? Becàuse the opponents are thinking that by getting arrest they will demand huge amount from me and I dont want this. I want to show them middle finger.thats why Iiam asking what to do in this situation. Which will be the right step?