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Ashish Jha   17 March 2017

What is the procedure under ipc 498a case

What should a man face challenges/difficulties under 498A Case?

What is the procedure/step/process under this section?

 



Learning

 15 Replies


(Guest)
Originally posted by : Ashish Jha
What should a man face challenges/difficulties under 498A Case?

What is the procedure/step/process under this section?

 

Dear Querist,

 

What you imagine and what really happens in courts and court procedures in a dowry case aka 498a case

 

Each court is different, but some broad points will remain the same across all courts whether criminal (498a case)s.  E.g.

 

People go with high hopes that they will be able to share their “Mann ki Baat” in front of judge, explain that the whole case is false, that they are carrying a clinching evidence in their bag which once put forth in front of the court, it will be disprove the whole case.  Unfortunately, the system of justice works in a very systematic way, where there is no scope for any ‘short cuts’ no matter how good the evidence you may have with you.

Sequence of any court case will be as follows,

 

1.  Complaint (criminal), or Petition (family court/DV).  When wife files DV or divorce case, she is petitioner.  If you file divorce case, you are petitioner.

2.  Written statement, or commonly called objection to be filed by respondent (not in criminal)

3.  Frame of issues (civil), framing of charges (criminal)

4.  Trial – Evidence by witnesses, then cross-exam of witnesses by respondent’s lawyer

5.  Evidence by respondent, then his/her cross exam.

6.  Arguments.

7.  Further arguments if any.

8.  Order/Judgment

9.  Appeal/Revision etc in same court or High Court if any party challenges the order

 

Sequence of steps in an IPC 498A trial

 

The sequence of a 498A trial has been given in good detail and with reference to the various CrPC sections at link below.  People can read that, and having read that, should look at the practical sequence of steps in a 498a trial below.

 

Wife files FIR in police station with allegations like “I was not given food”, “we gave x lakhs in dowry”, blah blah blah blah blah blah blah blah …

Police takes case, and immediately arrests husband, parents, family dog, and relatives who are the accused in the FIR.  Police after the Jul 2014 judgment by SC, sends notice to accused and follows CrPC 41, 41A procedure.  That seems to be happening in most cases.

Person may apply anticipatory bail before FIR, and the AB in most cases may get rejected because of a chicken and egg problem. Judge says no need of AB without FIR, but if the FIR was filed, then person won’t be able to reach the court to apply AB, he would have been arrested already!

Person may apply for regular bail.

In case of IPC 406 alongwith 498A, courts especially in Delhi may put condition to deposit few lakhs to get bail.  That scam continues.

In Bihar, judges will grant bail with condition to pay monthly maintenance to wife!  That is another tradition in progress over there.

Chargesheet filed by police.  Maximum time is 90 days, but in practice heard that it’s not been filed even after 2 years.  My guess is it’s because of some mediation having been ordered due to multiple cases apart from IPC 498a case.  That is another grand tradition of Indian courts of mixing civil and criminal cases together so fluidly.

After charge sheet accused appears before judge for Hear before charge (HBC) or framing of charges.  Instead for 4-6 hearings, there will be nothing done.  Very likely that in at least 1 hearing, court asks the accused (you) whether you have got a compromise?

 

If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks !

 

https://www.lawyersclubindia.com/profile.asp?member_id=84464

4 Like

Ashish Jha   17 March 2017

Dear Sir,

Thanks for your information.

The case U/S498A is filed in bihar direct to court there is no case in police.

In this condition what shall be the procedure to follow?

The case is in continuous mode.


(Guest)
Originally posted by : autohide4u
Just go on court date and stand. Do for 2-3 times then send a lawyer and file exemption from personal appearance. Appear every 1 out of 3 dates and let lawyer handle the rest. Case will run 4-5 years and then you will be acquitted. Nothing much to do but wait and enjoy life with some new girlfriend. 

Disagree with you heart

Just going 2 to 3 times and depending on advocate will be very risky.  If advocate appear then its ok, if advocate does ot appear (due to many reasons), warrant issue is very much possible for nonappearance.

1 Like

Ashish Jha   20 March 2017

Good Morning Dear Sir/Madam,

Thanks for your reply.

The case is under going in Bihar for more than 06 years.

On what basis a judge can cancel confirmed bail given by High court.

Ashish Jha   20 March 2017

Thanks sir for your reply.

Can you please tell on which ground a judge (for dowry case) can cancel confirmed bail given by high court?

Partha 498a (INDIVIDUAL)     21 March 2017

Very clearly explained about Legal Terrorism, Thanks from the core of my heart. 

Ashish Jha   21 March 2017

Does not understand Mr.Partha's comment.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2017

@Ashish Jha

Is it so difficult to understand, after reading all the messages here?


(Guest)

@Querist,

If you can arrange money, then well and good.  YOu can earn spent money again, but not time.  Fighting any matrimonial disupte is waste of life.  Just pay one time alimony and tkae mutual divorce and bid wife goodbye.

If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464

Ashish Jha   21 March 2017

Originally posted by : Partha 498a
Very clearly explained about Legal Terrorism, Thanks from the core of my heart. 

What is "Legal Terrorism"

Ashish Jha   21 March 2017

Dear Helping hand thanks for your information,

But what should do if she is not agreeing to give divorce/separation?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2017

You nogotiate out of court  for divorce and one time alimony. Once mutually agreed place it before the court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2017

This is a legal matter. "Terrorism" is metaphar used by Partha 498a. He (Partha 498a) may himself be a victim of 498A.

Ashish Jha   24 March 2017

Sorry for Patha.

Now I understand


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