Legal Question in Criminal Law in India

498a query

498a has been lodged against husband and his family.Husband parents can remain present in the court for quashing 498a but as husband works abroad so its difficult for him to remain present in the court .If husband wants to quash 498a on the ground of jurisdiction does he has to remain present in the court to quash it or his lawyer can do it in his absence?


Asked on 4/22/09, 10:45 am

5 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: 498a query

quashing is the jurisdiction of the High Court where presence of the person is not required. But, simultaneously if trial is not stayed, then before the trial court the person has to be present unless his exemption, be it may hearing to hearing or permanent, is sought from the Magistrate before whom the trial is pending.

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Answered on 4/22/09, 11:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a query

Presence of a person may not be required in the High Court.

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Answered on 4/22/09, 9:32 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a query

Personal Presence (appearance) may be exempted by the High Court.

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Answered on 4/23/09, 1:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 498a query

Lawyer can do. No need to remain present physically.

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Answered on 4/23/09, 3:15 am
Pranav Desai PD Legal & Associates

Re: 498a query

Lawyer can do it.

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Answered on 4/23/09, 5:04 am


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