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498_final stage (Professional)     20 May 2015

When my mother and sister would be acquitted from 498a - hc

Dear Experts,

My sister and mother got stay order from High Court in 498a case. The file has been separated finally and now the case is running only on me.

I want to know when my sister and mother would be accquited from the charges? The case is not running against them as they got a stay from the HC.

Can you tell me what is the process by which I can get their name acquitted from the case



Learning

 7 Replies

Q Slinger (NA)     20 May 2015

Aquittal is only possible if they face trial..if its in HC..they the case against them MIGHT be quashed..depending on the allegation, your lawyer's arguments, PP's argument and finally the judge himself...

 

HC quashing is not guranteed..but if you get aquital, your lawyer can use that in the quash arguments.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 May 2015

Sir,

 

Stay or discharged are two different terms . Please share the order of the High Court to see it ... I think it be a stay of arrest from the HC.  

 

Warm Regards 

Kapil Chandna Adv 

9899011450

498_final stage (Professional)     21 May 2015

Hello Kapil sir,

Its stay on procecution against my mother and sister since they were living away from me and the girl. The case is running in Ghaziabad court.

The charges are framed only on me not on my mother and sister.

Pragnya B Mishra (Others)     09 June 2015

Buddy if you wanted an acquittal, why did your lawyer move HC for stay of prosecution/ order for framing of charges? 

498_final stage (Professional)     09 June 2015

I dont know why they did it. You suggest what they should have done? I will ask them this question Now the girl and her mother is not coming to the court for their appearance. In last date the police constable called them and the mother of girl responded that she did not know about the date. Obviously they are lying

Pragnya B Mishra (Others)     09 June 2015

Boss, I am sure your lawyer suggested moving HC after looking at the records of your case. All I am saying is acquittal will come only after trial is complete. But it is only the lawyer who is looking at the case records can best decide the strategy. If a HC quashing is an adequate relief in respect of your mother and sister, what is your problem. So be it. 

You go ahead and get an acquittal in your case. 

Sudhir Kumar, Advocate (Advocate)     06 September 2015

vague query

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