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vict498a   18 May 2016

Hc has quashed 498a.what should be done with nbw after this?

Hi sirs,

 HC has quashed 498a case and other charges on my family members. We have high court order copy and right now HC has vacation period in my state .

NBW was issued on my family members in abroad  earlier due to non appearance in court. Now, the case got quashed , what should we do with NBW ? How to get it cancelled ? should we visit police station to show HC order copy for cancellation of NBW ?

Is it possible to close NBW since 498a case itself got  quashed or is it mandatory to visit India to remove NBW even after quash ?

Some one please guide me with procedure. It would be of great help.

Thank you



Learning

 7 Replies

P. Venu (Advocate)     19 May 2016

You or your advocate can approach the trial court.

1 Like

Sandeep Naik (Advocate)     19 May 2016

Advocate P.Venu is right . U can submit the said order in the Rial Court from where the ORDER was passed. 

1 Like

vict498a   20 May 2016

thank you sandeep sir and venu sir.

T. Kalaiselvan, Advocate (Advocate)     21 May 2016

If you are in possession of the certified copy of the high court quashing the charges agaisnt your relatives agaisnt whom NBW is state to be pending, you may approach the trial court with a petition/memo enclosing the high court order copy, stating that the high court has quashed the case against the said individuals hence the NBW pending agaisnt them may be recalled and they may be discharged from the case.

You can take the help of your advocate to draft the petition or memo for this purpose. 

 

1 Like

vict498a   22 May 2016

thank you kalaiselvan sir . your valuable detailed response is much appreciated.

will follow your advise to file petition in trial court . 

thanks a lot sir.

T. Kalaiselvan, Advocate (Advocate)     23 May 2016

You are welcome for your appreciations.

Go ahead after consulting with your advocate on further issues. 


(Guest)

it would be helpful if you could share experience on the points used for quash petition - especially for family members. thanks.


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