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Rishi kumar   21 July 2017

Exemption from personal appearance in 498a

After our anticipatory bail were converted into regular, and a surety bond or guarantee our trial began. So our lawyer put a memo for exemption from personal appearance of my father and brother.During the next date, the lawyer sent his dumb junior who did not carry even a piece of paper regarding our case. Once the case number was called, the judge said " defend now I will discharge, defend now, I will discharge right away".  To our ears, it was like God himself coming down and offering us a boon. The dumb junior only said " short date , short date." The judge gave her a date after many months. There is nothing in the. Charge sheet." Just that I was harassed for more dowry." That's all. 

I was to have cross examined in divorce case last week. The lawyer did not turn up.  It was another matter that the judge herself postponed the cross to a later date as many old cases are pending.

the lawyer is charging 50 k each for DV and divorce. Someway or other he has collected almost all the amount except 10 k.

My question

1) what did the judge mean by discharge? 

2) will I be able to fight 498 on my own as now a days I find the lawyer more of a liability. If I did not have a lawyer, I could have defended my case. Having a lawyer prevented me from doing so.

3) and even in crossing her in DV and Divorce case I don't think the lawyer is not going to be of any use. The lawyer did not even brief me about how I should be dealing with the situation when I was to be crossed last week. I am fed up of talking to the lawyer before each date. Every time the lawyer keeps saying I will be there , I will be there and won't turn up. I don't pay her on every date even though she made me pay her junior 3 to 4  times. I don't want to appoint another one.  

Kindly help

 



Learning

 6 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     21 July 2017

Sir, 

 

It is advised not to contest your case yourself, because at times u miss many technical things.... Better hire a competant and young energatic lawyer .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 

Sachin (N.A)     21 July 2017

Originally posted by : Rishi kumar

After our anticipatory bail were converted into regular, and a surety bond or guarantee our trial began. So our lawyer put a memo for exemption from personal appearance of my father and brother.During the next date, the lawyer sent his dumb junior who did not carry even a piece of paper regarding our case. Once the case number was called, the judge said " defend now I will discharge, defend now, I will discharge right away".  To our ears, it was like God himself coming down and offering us a boon. The dumb junior only said " short date , short date." The judge gave her a date after many months. There is nothing in the. Charge sheet." Just that I was harassed for more dowry." That's all. 

I was to have cross examined in divorce case last week. The lawyer did not turn up.  It was another matter that the judge herself postponed the cross to a later date as many old cases are pending.

the lawyer is charging 50 k each for DV and divorce. Someway or other he has collected almost all the amount except 10 k.

My question

1) what did the judge mean by discharge? 

It is  a provision in Cr.P.C that the Accused person can be discharged before the charges are framed against him.

2) will I be able to fight 498 on my own as now a days I find the lawyer more of a liability. If I did not have a lawyer, I could have defended my case. Having a lawyer prevented me from doing so.

Yes, you can defend yourself but you cannot  represent you family members


3) and even in crossing her in DV and Divorce case I don't think the lawyer is not going to be of any use. The lawyer did not even brief me about how I should be dealing with the situation when I was to be crossed last week. I am fed up of talking to the lawyer before each date. Every time the lawyer keeps saying I will be there , I will be there and won't turn up. I don't pay her on every date even though she made me pay her junior 3 to 4  times. I don't want to appoint another one.  

Kindly help

 

 

Rishi kumar   21 July 2017

Dear experts,

does it mean that all the four including Accused  No. 1 ( that's me) can be discharged or the other three who dint share the household with her?

is it only an exemption from appearing or is it that the accused are Discharged? (acquitted)?

Sachin (N.A)     21 July 2017

Court has the power to discharge all accused from the case, it is not exemption from personal appearance. Discharge means free from the case i.e no case made against the discharged person

1 Like

Siddharth Srivastava (Advocate)     21 July 2017

It is to be seen as for what purpose the case was fixed. If case was for cross examination of a witness then the it was meant that if your advocate donot cross examine the witness, the judge was ready to discharge the witness. It depends on the merit of the case. Once a charge sheet is filed then judge donot dare to discharge the accused with proper conclusion of the case by recording of evidence etc. However, in exceptional cases court may discharge some accused if no case is made out but it is impossible that any court will discharge all the accused at once and that too without proper trial. It is better that you take the help of any other competent lawyer. You may conduct your case on your own but it would be fatal. No one can carry surgery on his own body. So take help of any other lawyer, In case of need consult with details. 

Kumar Doab (FIN)     21 July 2017

Change your lawyer if you are not satisfied.

The boss of junior lawyer could have appeared on the said date and you might have liberated.

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