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


Asked on 4/05/09, 11:24 am

6 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498A case

Already replied.

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Answered on 4/06/09, 5:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A case

Already replied

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Answered on 4/07/09, 9:59 am
Yanala LaknaReddy Law towers

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.

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Answered on 4/05/09, 8:28 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 4/05/09, 8:30 pm
Pranav Desai PD Legal & Associates

Re: 498A case

Your question is replied by my colleagues

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Answered on 4/10/09, 1:06 pm
Shrichand Nahar S.V.Nahar, Advocate

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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Answered on 4/06/09, 1:27 am


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