Legal Question in Family Law in India
498A-ChargeSheet delay1
Wife has filed a false 498A on our entiore family three months back. still the charge sheet is yet to be filed. We are all on bail.even the police know that it is a false complaint. Looks like police are delaying the sharge sheet.
1. if the charge sheet is delayed, whose favourable is it?. wife side or husband side?.
2. Is there any section to rewuest the court to permit my lawyer to attend in the court on behalf of us until the charge sheet is filed?? or we must attend.
3. If the charge sheet is filled, shall claim this un hight court saying that, the complaint is false?.
4. Since i may need to go abroad, some times not possible to attend for the adjounements. 5.Under what grounds/reasons i can avoid the attendance before court and how many times.?
6. For a trip of 15 days to visit abroad do i need to take court's permission?. if i go to abroad without court permission, what could be teh imlpications against me?.
7. Shall other accused themselves individually can go to high court to prove their innocense?
please advice me sir.
7 Answers from Attorneys
Re: 498A-ChargeSheet delay1
1. There is no such thing as "delayed chargesheet" helping. It make no difference.2. You can be exempted through counsel from personal appearence.3. There is no likelihood of high court interfering in the chargesheet.4. It is only when there is such condition in bail order you need permission. 5. No number prescribed when u can avoide appearence. For absence there should be a bonafide reason. 6.refer point 4 above. 7. The answer is yes.
Re: 498A-ChargeSheet delay1
1.Delay in filing charge sheet will not help you in any way.
2.You may file exemption through lawyer.And if court grant you exemption the you will not require to attend the court.
3.You may challenge the FIR and chargesheet by way of quashing.
4.You may seek permission of court for going abroad or exemption through lawyer.
5.YES.You have to take permission.
6.In absence of permission of court it maybe invitation to implication.
7.Yes.H.C. can be approached for quashing of FIR and proceeding arising therefrom.
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Re: 498A-ChargeSheet delay1
(a) delay is not caused to favour any party.
(b) yes, you can file an application praying for exemption from appearance in court till challan is filed;
(c) once the charge sheet is filed, you will get opportunity to lead your defence and prove your innocence.
(d) 4 to 6 : will depend upon bail orders; usually a condition is imposed that the parties shall not leave the country without prior permission of the court; if that be so, you need to apply to the court concerned for permission to go abroad even if the intended visit is for a short duration of 15 days or even less.
(e) 7. - yes, they can approach the Hon'ble High court seeking to quash the FIR if suitable grounds are available.
Re: 498A-ChargeSheet delay1
i have already replied it dear
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Re: 498A-ChargeSheet delay1
1. Delay in chargesheet filing always remains in the favour of accused.
2. Yes, your lawyer can appear before the court on your behalf.
3. Yes, you may move towards competent court to seek the remedy against the false complaint against you.
4. Yes, you can go abroad but the permission is the subject matter of terms of bail. If there is no restriction in the bail terms regarding to leaving India then no need to take the permission of the concerning court for foreign trip.
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Re: 498A-ChargeSheet delay1
You all have to defend yourself in the court and to prove that the case is false.
You all have to appear in the court when you received the notice of the case from court.
Before living abroad, you have to obtain the permission from the court otherwise you will be in trouble
Re: 498A-ChargeSheet delay1
i have replied previously to you