LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Section 13A Vs Section 498A

Page no : 2

Adv. Chandrasekhar (Advocate)     26 June 2011

Section482 quash petition can be filed in the High Court at any time during the pendency of criminal trial in the trial court.

rano (nil)     01 July 2011

and if NBW has been sent to him than also he can do 482 ?

Vijay Nayak (NA)     02 July 2011

Hi Rano, If you dont mind, I would like to know few things, 1.Are you born in Indian Soil,        2.What is parents background,    3. Do you sleep everday, finally a small advice, please do not marry innocent guys

Vijay Nayak (NA)     02 July 2011

You will enjoy by hearing that, father in law has passed away,  god bless you
 

rano (nil)     02 July 2011

 

Hi Rano, If you dont mind, I would like to know few things, 1.Are you born in Indian Soil,        2.What is parents background,    3. Do you sleep everday, finally a small advice, please do not marry innocent guys

hi there, i dont mind it. and thanks for a small advice.

few questions for you ....please advice professionally... becouse i want money.

 

1. if NBW has been sent to him than also he can do 482 ?

2. if he will not ready to give money and say for justice than how long he can go into the jail.

3. if he will say that i am ready to give money but  it will be ordered by court than how much it would be (i said 10 lach )?

4. if  judjement will pass that he will go to the jail,,,, will he get time to go for high court without going to the jail?

and after all what would be the result. ?

 

Hari Prasad (service)     04 July 2011

dear All ,

it seem rano is one of those sadist women who are misusing 498A ,and derive pleasure from the pains of other.if she has father ,will she also enjoy his death.

His is using 498A as ATM .Does she has a peaceful sleep ?

Please discourage she women whose intension are are good  and let th em not misuse the judicial for taking revenge on husbands.

If her husband was mind going to jail itself speak about his innocence

Adv. Chandrasekhar (Advocate)     04 July 2011

Yes, Madam.  I want to help you by giving proper advice.  But your questions are so incomplete and without having back-ground material, they are confusing me.  If you want to get proper advice, give the full details just suppressing the names of the parties and the places where those things happened and keeping your identity secret. But you must give the details that what are the cases filed and what are the cases disposed and what are the cases pending and what are the cases in which you want to file appeal or that gentleman want to appeal and in which cases, he went to jail in earlier occasions and which court has given him bail.  I know you are mischieved by your earlier advocate and hope this time, your advocate is good and do the good job and protect your interest.  With the little information you supplied, I try to answer your questions.

1. if NBW has been sent to him than also he can do 482 ?

Yes.  If a person against whom non bailable arrest warrant has been issued, he can approach the High Court under Section 482 Cr.P.C. for quashing of FIR, charge sheet and / or criminal proceedings.  If his petition under Section 482 is dismissed by the High Court, then he will move the application before the Magistrate Court, where NBW is issued, for cancellation of NBW warrant.  After accepting his fresh bail bond (some times old bail bond is also accepted) and putting a cost of about Rs.500/- or Rs.1000/- his NBW will be recalled by Magistrate.  So, do not give importance for NBW.

2. if he will not ready to give money and say for justice than how long he can go into the jail.

Again, you are not giving full details.  Under which Act and under which Section he has to give you money?  If it is Section 125 Cr.P.C. or Sectioon 24 of Hindu Marriage Act or maintenance under Domestic Violence Act, different methods are there to recover money.  But first you have to show that you have got maintenance order under any Act.  If it is there, then first his movable / immovable property is attached and by auctioning your money is paid.  If he does not have them, then he will be put in jail.  In Section 125 Cr.P.C. for every month payment, one month imprisonment or till he pays the amount.  (It varies depending upon execution petition, in which you claim maintenance).  You see, vague questions get vague answers.

3. if he will say that i am ready to give money but  it will be ordered by court than how much it would be (i said 10 lakh )?

Under which Act he will say that he is ready to give money.  By the way, why should he say that thing?

4. if  judjement will pass that he will go to the jail,,,, will he get time to go for high court without going to the jail?

and after all what would be the result. ?

During the pendency of recovery proceedings as I explained in question 2 above, he will be having time to go for revision or appeal in the higher court.

Rohit (Private)     05 July 2011

DearEST Rano


Very Good, Keep it up, you are doing your assigned job very nicely, congrats.

Somebody knows where the hell is.

Rohit

rano (nil)     15 July 2011

Hi there,

Can u advise me that-- Non Baillable Varrant has been issue and 30 days been past, but still my husband has not appear in court ?.

what should be my next step ?

Is there any option for him and his family to servive ?

rano (nil)     21 July 2011

hi,

I want money .

how long 498A can go through ?

Is that true --- 498A (pending) case will be counted null and void if it is more than 7 years old pending case ?

To service from NBW  because of 498A, what can be done by my opposition party ?

They have not done  482 yet. Than also they r not worry about it . why ?

rano (nil)     22 October 2011

so after a long time back, here i am,

please give me advice of above mention questions ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register