Legal Question in Criminal Law in India
498A case
1. Charge sheet issued for false allegations like dowry and harassment stated absconding, working abroad and like to continue for some more time.
2. Possible to get AB prior to arriving India and its validity.
3.Would like to crash the case with clear evidence and how long it may take.
4. Is it possible to work abroad when the case is still pending in the court.
Please advise me
6 Answers from Attorneys
Re: 498A case
Already replied.
Re: 498A case
Already replied
Re: 498A case
Depending on the merits of the case you can tzke AB prior arraival.Quash may not be possible unless you shows strong grounds/illegalities. It is possible to work abroad even if case is pending in India. Consult any Criminalside practicing Advocate with Charge sheet in the case and other material for complete advice.
Re: 498A case
Already answered.
1. Serious matter.
2. AB for "Proclaimed Offenders" is almost impossible.
3. Depend upon how strongly they pursue their case, it may be very difficult for you to work abroad.
Advice : Make serious efforts for amicable out of court settlement as early as possible. On the basis of court-warrants, they may request the police of your work-area to arrest you to send back for facing trial. If that happen, it may be difficult for you to get bail and the situation will be adverse.
Re: 498A case
Your question is replied by my colleagues
Re: 498A case
If there is no dispute about your identify, you can appear in the case through your advocate duly instructed to conduct the matter in your absence and seek exemption from personal appearance.
There are express provisions to this effect U/s.205 r/w 317 Cr.P.C. and ample case laws to the extent that even your duly instructed advocate can answer Statement U/s.313 Cr.P.C. on conclusion of trial.
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