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FighTToTheT (Others)     30 August 2015

498a: questions on hbc

Respected members,
               My CS filed for 498a. I am out on RB. Got summons and attended court last month. Next date given in October stating, "Accused present. For HBC, call on Oct XX date".

Three questions:
1. What is going to happend during HBC - Will I be asked anything ? My Lawyer asked me to just atttend.

2. Will opposite party be present during HBC ?

3. What happens after HBC? Will Trial start, OR will it be another date that I will be given by judge ?


Thank you in advance.



Learning

 4 Replies

Sekar   30 August 2015

If the complaint is false and if the complainant is govt employee... you need not worry much....send his complaint to his office which is his written confesion that he has given dowry...which also is criminal offence

Sekar   30 August 2015

If the complaint is false and if the complainant is govt employee... you need not worry much....send his complaint to his office which is his written confesion that he has given dowry...which also is criminal offence

FighTToTheT (Others)     01 September 2015

Mr Sekar - Thanks, but this did not address my question. My question was something different.

Can anyone please shed some light on the questions (related to HBC) which I have asked in the original thread.

Thanks in advance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 September 2015

HBC or Hearing Before Charge is a formality in most places. 

 

However, if your lawyer deems fit, he can argue on each of the charges and about each of the accused. Some people at this stage put an application for discharge of some/ all accused. However, whether to put a discharge application or not is a matter of merits and can be decided on seeing the complete chargesheet.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 


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