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Harrassed (accountant)     01 November 2013

Strange in 498a

Hi,

Today i heared from one of my advocate that who is not invloved in 498a case from starting that chargesheet submitted against me n my parents 6 months back in CJM court UP.And there are 3 court dates already passed.

 

We have not taken bail after FIR registered in feb as IO promised us that she will submit chargesheet without arrest as we have given some of evidences to her against false 498a case.

But till now none of us recieve any summon from court.Means we didn't recieve any call or any summon either from police or court in last 8 months.

What does it mean?

1. Is it IO didn't find any thing against us?

2. Or my advocate lying so that we can shell out some money for bail and chargsheet still not submitted.

3.Or court didn't find substantial proofs to frame charges against us.

We were leaving tension free but these things created some confusion in us if chargesheet submitted 6 months back then why there is no action on chargesheet.

One more thing i am still outside india from last 6 months.

Thanks



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 9 Replies

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     01 November 2013

time for submitting chargesheet in court is 90 days but  i.o. can take more time by giveing reasionable excuse in the court an dthan after submitt the c.s.t 

so nevermind that u didnt receive summon from court as soon as c.s. will be submitted in the court u will be summoned

for more contact

09927822660

BAALASUBRAMANNYAMM (Advocate)     01 November 2013

To clear off your confusion, it is better to go and verify in  the court section by engaging some body. So you can get clear picture. 

Harrassed (accountant)     01 November 2013

Yess..

I have asked new lawyer to collect chargesheet copy if he is true to me.Then he will collect chargesheet for me otherwise i'll stay with my old lawyer.

I just want to understand one thing.

If court recieve any chargesheet do they issue summon to accused to attend date or just issue warrant to arrest as soon as they recieve chargsheet.

*Divorce is already done and approved in court.

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

On the basis of charge sheet, the court will send summon/notice to the accused to appear before the court and in that event you may have to surrender before the court enlarge yourself on bail with sufficient solvency,  then face the case on merits with evidences in your possession. If you are confirmed about the charge sheet being submitted to the court by the IO, clarify whether there is any arrest warrant pending against you because due to wrong address the notice/summon would not have been served on you hence the warrant.

Harrassed (accountant)     01 November 2013

Address is correct because i recieved summons for meditation in feb-13 at the time of FIR registration.And that time i clearly told to IO in mediation center i'll not do any compromise and i'll fight on merit.Then she told me that i'll prepare chargesheet without arrest after looking into evidences and divorce decree.

That's why i am asking court procedure.if anyhow they submitted chargesheet will they intimate me or not.Or just issue warrant.

 

Thanks

fighting for my brother (HR)     05 November 2013

even similar situation in my brother case, chargesheet submitted, 2 months passed, no summons till now..address is same.

for bail, stay order, and case transfer initiated with HC, but nothing happening..as lawyers keeping asking for sometime,

Can you guide how much time it takes for court proceeding to start?

Howmuch time a lawyer need to get order from HC on  bail, stay, and case transfer ?

fighting for my brother (HR)     05 November 2013

one more thing how you got divorce and 498a case is still pending??

give more detail so that it might helpful to my bother case.

Thanks in advance..

a sister seeking help for brother

Harrassed (accountant)     06 November 2013

Hi,

It was muslim marriage so no problem for getting divorced from wicked wife.

Now i have taken out chargesheet from court.It was submitted in CJM court in May-13.But till now no summons issued.Watever evidences i have given to IO she didn't mention anything of them in chargesheet.i think she didn't mention of my evidences because FIR was registered before my knowledge.

1.She also mentioned that during mediation i have boldly said that i'll fight case on merit but will not do compromise.So what will be impact on case?

2.I forwarded my evidences via meerut SP to IO but she didn't mention that evidence in chargsheet.Should i go or send my advocate to SP office to find status of my evidence which was submitted for investigation.?

3,They show only one incidence with one witness wheares i was not in town on that day.Instead i have pics and 25 witnesses with whom i was present on that day.So what will be impact on case?

4.They mentioned doctor name and his statment is also there in chargesheet stating that there was no injuries on her.so what its impact?

5.They mentioned neighbours name in FIR.but there statment shows in chargesheet stating that they have heared by girls parent that i came there place to beat her but they didn't see me.so what will be impace of it.

6.She also mentioned in CS as per allahbad high court there will be no arrest to any accused if custody is less than 7 years in any crime.So she didn't arrest us.

As per my understanding on CS that no foolproof statments from doctor or neighbour which they have mentioned in FIR.But whole CS is based on one fake witness who is their servent.Am i right?.

Do i need to worry much as i am not in india.What will be the procedure to get bail from UP?

Please clear my anxiety?

Thanks

fighting for my brother (HR)     06 November 2013

yea it was very similar on my brother case, only witness was their driver...(fake witness).. i dont think you need to worry much..fake cases are fake at end..

as you already got divorce... very good for you.. engage good lawyer for case, keep checking with him... wait for court trial,, at that time you can show your evidence..


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