Legal Question in Criminal Law in India

non appearance in 498a case

case u/s. 498a and dp act is filed at place a and i am residing at place b alleged incident took place at place b. court not issuing summon or warrant at place b. due to absence of lawyer in one date warrant is issued tried to secure bail from the court at place a but due to pressure from the complainants relative could not secure bail high court at place a did not give any relief. wants to file case in supreme court for transfer or quashing of case against me and family members and how to overcome the warrant as fear of personal injry is immeneint.


Asked on 3/20/07, 4:54 pm

3 Answers from Attorneys
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: non appearance in 498a case

I appreciate your embarrassment and harassment. This is very common in 498A cases. You should approach the Supreme Court under Section 406 Code of Criminal Procedure, 1973, and place all the facts before them. I hope and pray that your job gets down, since I know what the family of an estranged wife can do to you.

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Answered on 3/24/07, 10:14 am
G. M. Gupta gmguptaandassociates

Re: non appearance in 498a case

the procedure sometimes differ from place to place so you must mention the place.

you should have got cancelled the warrents against you before lower court.

anyway the order of high court can be challenged in supreme court.

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Answered on 4/29/07, 10:12 am

Re: non appearance in 498a case

you may challenge the high court order in Supreme court by way of Special leave petition. For any other assistance you may contact on my mobile if you wish.

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Answered on 3/21/07, 12:39 pm


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