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MASTHAN (Self employeed)     05 December 2010

permanent exemption in 498A case till quash petition dispose

1. The 498A quash petition is pending before High Court. The HC granted stay on all proceeeding for my younger brother and my self.

 

2. In the stay order it is not mentioned anything about personal appearence in the lower court and because of which we were asked to attend in the lower court even though the stay order is pending.

 

3. Last time we given a MEMO to the judge for permanet exemption but he didnot considered it.

3. Shall I file permanent exemption u/s 205 for my younger brother and my self ? In ther permanent exemption I want to mention that my  elde brother A1 will attend us on behalf of me and my younger brother  (no advocate businees)  till the stay order gets vaccated.

 

 

Please suggest me in this.

 

Thanks,

Masthan



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 December 2010

When there is no order regarding the personal appearance then both will have to appear before the court on all the adjournments.  You cannot claim permanent exemption u/s205 because it is an application claiming the exemption for personal appearnace on the first apperance.

You can file exemption application on every adjournment u/s 317 of cr.p.c. by giving genuine reaons.

Arvind Singh Chauhan (advocate)     05 December 2010

If the proceeding has been stayed and nothing is mentioned about appearance, there is no need of appearance in lower court because lower court can't proceed further. If you don't appear before court, court can not proceed further or can't order affecting you. If lower court does so, it is contmpt of high court's order.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 December 2010

ONCE STAY OF ALL PROCEEDINGS STAYED IN QUASH PETITION H.C , THE LOWER COURT CANNOT ASK FOR APPEARANCE OF ANY ACCUSED STILL STAY IS LIFTED.

NO 205 OR 317 BUSINESS, FORGET THE TRAIL COURT.

ONLY PURSUE THE CASE IN H.C.

FORGET THE TRAIL COURT, DONOT WASTE YOUR TIME

MASTHAN (Self employeed)     06 December 2010

Hi All,

 

Thanks for your reply. Yes, even my HC advocate also said that when there is stay on all proceeding you need not attend the trail court but in the lower court these people are not listening us. What  I need to do now?

 

Thanks,

Masthan

Arvind Singh Chauhan (advocate)     06 December 2010

At first politely present your submission before court. If court doesn't accepts your submission,

Let the lower court order, hen file contempt petition against the order in High Court.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     06 December 2010

DEAR MASTHAN,

YOU HAVE BEEN IN THE FORUM FOR LAST ONE YEAR WITH A SMALL PROBLEM, EVEN I SUGGESTED SO MANY TIMES TO GO FOR QUASH, AT LEAST YOU CAN GET STAY.

ANY HOW YOU MADE IT, BUT DO NOT OBEY THE TRAIL COURT ORDERS, WHEN THERE IS A STAY BY H.C, THE MM CAN'OT FORCE LIKE THAT, THIS IS THE DRAMA BY TRAIL COURT MM/ADVOCATES . 

ALL THE BEST GET RID OFF 498A, SOON. 

SACHIN AGARWAL (ADVOCATE)     14 December 2010

Since the High Court has stayed the further proceedings before Trial Court, there is no need to appear on each and every date.

 

The Trial Court cannot pass any adverse order on your non appearance.

Madhusudhan (Social worker )     14 October 2012

dear Sirmy wife filed on me and my mother false 498a case. due to her cruetly my dad died due to heart attack,. and now thier family after me and my mother. so they filed with flase averments and i dont know any thing and any one. i and my mother only. so [please help us what to do to takcle this case. she is gujarathi and iam from andhra pradesh. her family is flase and 420 family.. and my wife is 11 years elder than me and who family is blackmail family

Mohan Kumar (manager)     09 January 2013

Dear Sirs,

 

in one 498A case quash petition was filed in high court and high court asked for documents from lower court, can it be considered as stay order by high court ?

thanks


(Guest)

no, the court has asked some docs, once the court receives the docs, based on merits of the case it will grant the stay

Mohan Kumar (manager)     09 January 2013

sir,

thanks a lot for your kind and prompt reply.

my advocate says that once the documents reach high court we'll make prolonged delay and advised me to consider this as stay by court for which we have applied and asking money.  is this correct.

also came to know the opposition party is planning to file another case under domestic violence act,

what should i do Sir, I am working in a private company, is it going to effect my career ?? please guide me Sir.

best regards,

murali


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