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mohan (junior manager)     02 July 2014

How many times high court can dismiss ab in 498a case

i wanted to know the details regarding the 498A case.as  i and my family charged with false 498A case.we applied for AB in district court and it was rejected two times due to personal intervention  corrupt CI of womens police station.

1. NOW  iam applying for AB in high court,IS there any chance for CI to influence the judge in high court?

2. how many times we can apply for ANITCIPATORY bail in the high court?

3 . is there any time limit ,if we dont surrender  in the station.it wiil have effect on us and in the case?

4. if A1 gets surrender in the court ,where he will be sent, jail or police station?

5. once A1 gets arrested ,others will get the AB or not?

plz clarify my doubts

thanking you in anticipation

 



Learning

 7 Replies

laxmi kant joshi (instructor)     02 July 2014

Mohan don't worry file application for AB in the high court take help of an intelligent lawyer you all will get the AB .

aap (manager)     02 July 2014

Apply ab in high court u will get it easily 

Today in zee news it was showing that instructions given by sc not to arrest anyone only if he is not cooperating in investigation and he flee the country

udayan khan (no)     02 July 2014

my wife lodged 498 / A against me and my parents on 11/04/2010 , Now when the court is sending the saman to that girl and her father for the crossing they changed their address and saman returned 2 times , now my question is can she changed her resident without informing the court ? she is not staying in old address as per court record . please suggest me 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2014

I request you to go through all of my posts on the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

T. Kalaiselvan, Advocate (Advocate)     04 July 2014

@Mohan: First apply for AB before high court, the question of influence of cI in the lower court cannot be believed.  The District and sessions court may have different reasons to reject the AB.  Since the lower court has dismissed the AB twice, the high court may consider the grant of AB on an application before it.  Once surrendered in the court, the court will remand the accused to prison and not to police custody.  But why to surrender in 498a offences, it is no so serious, in case the police arrest also they will send  the accused to prison only and cannot remand the accused to police custody.  Even without A1 getting arrested the other co-accused may get AB.

T. Kalaiselvan, Advocate (Advocate)     04 July 2014

@Udayan Khan: If the summons to the witness for cross examination is returned for want of proper address and in the absence of proper address, the court may decide to dispense with the evidence of the said witness which will be a benefit to the accused.  So wait for the court to decide about this issue patiently.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 July 2014

Mr. Khan,

 

Yes she can, In this case you have to prey of NB warrant against her. If still nothing happens then file Writ Petition (Article 226) against the STATE in-person. Sample Writ Petition is given bellow link.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


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