Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit8 (abcdef)     08 August 2014

Personal appearance in 498a / exemption

I am staying outside india, 498a case filed as a private complaint in court . No chargesheet or fir. the cross of wife and her father is over , till now no evidence is given . only verbal statement , in cross few points are contradictory to the main petition. what would be the next steps ? would it be the argument stage next ? and after that will judge decide if prima facie applies and if charges can be framed ? can exemption for my appearance can be filed or should I go to high court before the argument stage that the cross statements do not match with the petition ?


Learning

 6 Replies

Shekhar (Private)     08 August 2014

do not respond to the summon ......as if someone else is living in the address

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 August 2014

your case instituted otherwise than on police report . Perhaps you have appeared before court after having received summons . according to crpc  evidence has been taken taken before charge if there is no material to belief that offence has been committed court may discharge accused according to section 245 Crpc on his descretion power or accused may file  petition with a prayer of charge hearing . after hearing court may discharge accused if court thing it fit and proper . other wise may fram charge against  accused .

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 August 2014

your case instituted otherwise than on police report . Perhaps you have appeared before court after having received summons . according to crpc  evidence has been taken taken before charge if there is no material to belief that offence has been committed court may discharge accused according to section 245 Crpc on his descretion power or accused may file  petition with a prayer of charge hearing . after hearing court may discharge accused if court thing it fit and proper . other wise may fram charge against  accused .

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 August 2014

your personal appearance may be disposed of  under section 317 CrP.C .

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 August 2014

Mr shekhar according to question of Mr Amit he has all ready appeared court .after receiving summons .so if he do not respond adverse order may be passed against Mr Amit .

amit8 (abcdef)     09 August 2014

My lawyer has appeared, he has taken the cross of my wife and witnesses.. now how are charges framed in pvt. Complaint of 498a,? Is mere verbal statements enough?? Should. I file discharge 245 separately or can the points be mentioned in the argument. Should I file exemption under 205 as I stay abroad?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register