Sreenivas V (S/W) 06 January 2013

498a appeal drama by fast track court

Dear Members

We have won 498A case after 5 yers of legal battle in lower court. It seems the girl went for Appeal on that. But the surprise part is this happened in August 2012 and so far we did not get any notice to appear in court. But the case hearing dates were going on without we receing the notices.

In the same court there is another case going on which the girl filed on us. It is yet another false stridhan case. Last week when my father attended the case the 498A appeal hearing also there it seems. So when called he went into court during which time he came to know there was an appeal filed on us. Judge was angry on my father saying all the 4 accused should appear in court. Then my father told the Judge that he came for the Stridhan case and he is not aware of this case at all. Then the Judge and Court clerk look into the case and found that the notices which need to be sent to us are there in the file only. Then they called the concerned police and no one came when called to take those notices.

So now we don't know what is this drama going on in that court. This is a fast track court in TANUKU.

Now what I want to know is that assuming if in appeal filed by girl if they won, will there be time for us to appeal in higher court. Is there any possibility in between we may be put in jail. Do we need to appear all the accused or our lawyer is sufficient to appear on our behalf.

In reality we did not do anything wrong and we are sure will not get any punishment. Thats why we won in lower court. But as I am hearing there are a small percentage of Judges who involve in fraud in giving judgments and based on the current drama going on in this TANUKU fast track court we doubt the sincere outcome of the case.

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2 Replies

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 06 January 2013

NOW YOU ARE AWARE THAT THERE IS AN APPEAL AGAINST THE ORDER OF THE LOWER COURT AGAINST ALL THE 4 OF YOU AND THAT TOO FROM THE HONOURABLE JUDGE HIMSELF . THAT IS ENOUGH . YOU MUST CONTEST THE CASE . I CANNOT ELABORATE HERE THE VARIOUS MATTERS INVOLVED IN NOT SERVING THE SUMMONS TO YOU IN THE APPEAL . DON'T TAKE ANY RISK . - JOSEPH WILFRED - 06/01/2013 AT 20.25 HRS.

Saurabh..V (Law Consultant) 07 January 2013

@Author

You are in dilemma only because you might not be aware of the process of law and you are not consulting with a good lawyer.

First thing, engage a lawyer. Best choice would be the one who won the case for your earlier. As he knows all the facts and seems intelligent enough to convince the lawyer, he would be probably pull you out of trouble again.

Now coming to your questions, whenever a court decides any case, the aggreived has a right to appeal to a higher court. Even in case of verdict from Supreme Court, you can again appeal in SC before a larger bench. In your case, you need not worry at all. It was the fault of Police which did not served any notices and your dates went in vain.

Now first thing to know is that if the appeal was filed within the prescribed limitation period of 6months. If not, then you can file an application before the court trying the appeal to dismiss the case on the grounds of limitation. But if the case was filed within 6months or if the court has already condoned the delay, then you will have to face and contest the appeal.

The primary reason for consideration of any court's order is if in the order the judge failed to note any important fact or made an error of law. Otherwise, a general appeal shall be dismissed within a year after institution.

If the appellant is able to convince the higher court and you loose this appeal, then you will be given approx one week to get your bail from Higher Court and in my view you all would get the bail easily. Once you are convicted, you would be ordered to surrender unless you have not taken bail from a higher court.

Just have faith in god and our courts, if you are true, nothing can cause any problem to you. All the best

//peace

/Saurabh..V

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