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Clarification on filing of charge sheet under Section 498A.
27-Feb-2023 (In Criminal Law)
Can Police take only the hearings from wife and file a chargesheet and submit it to the court for 498a case and put husband hearing as absconding. Once submitted can the chargesheet is submitted to the court can it be brought back to police station to fill more details or remove names
Hi, police can not put husband hearing as absconding until and unless husband is co-operating with police on the case. With magistrate approval police can modify charge sheet. But, counter can be filed to reverse the decision. You may think of quashing the charge sheet, if you have grounds to do so. Can comment only after scrutiny of charge sheet.
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What is the action after chargesheet?
First, a summons should be issued after the complaint/charge sheet is filed and the matter has been taken into consideration. Appearance through a lawyer must be allowed. Then, a bailable warrant will be issued and then a non-bailable one in the event of non-appearance. 2 Jun 2023
Can 498a be quashed after chargesheet?
It is possible to do so even after filing the Charge Sheet. It can be done even after the charge sheet has been filed in the trial court.
Can bail be granted after charge sheet?
As can be seen from Section (3), Justice Tiwari concluded that anticipatory bond can still be granted even after the filing of a charge-sheet. The law has also been established that the filing of a charge-sheet does not affect the continuation of anticipatory bonds, if they are granted.
What happens after filing 498a?
The FIR is filed at the police station. A police officer is assigned to investigate, review the allegations, and prepare a chargesheet within 90 days after the FIR. Police normally take a lot longer than 90 days, and give many different reasons. 25 Mar 2023
Dear friend,
These are technical loops and craves and there by have go understand less and act more, first you have to decide whether u want relief or need a debate . yes 74% chargesheet in 498a is filed so...one way...as u have absconder. You may contact our office : Adv pankaj Kumar & Associate,
These are technical loops and craves and there by have go understand less and act more, first you have to decide whether u want relief or need a debate . yes 74% chargesheet in 498a is filed so...one way...as u have absconder. You may contact our office : Adv pankaj Kumar & Associate,
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Once the FIR is registered under sec.498a, the police will file the charge Sheet only after the investigation. If there is any other offence have been committed, the police can also file the additional charge Sheet. If the husband is absonding, it is better to file for the Anticipatory bail.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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The Criminal Procedure Code, 1973, Sec173 (2) refers to the Final Report ( Challan) or Charge- Sheet of Police Officer on completion of Investigation. Or if they are finish investigation con't submit the charge sheet, don't worry if u want more information contact us thank you
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Adv. Vedashree A
Bangalore | 500+ Answers
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498-A if it is filed by your wife means first confirm the same in which police station she has filed the case and check whether F.I.R is filed then go to the concerned court and apply for anticipatory bail. You don't have to worry about charge sheet etc which will be taken care by advocate and its advocates job. Meantime there will be no threat of immediate arrest like earlier in 498-A cases, now police has to investigate the matter to know the substantial facts to know the gist of the case and then they can take the action before that you take bail and contest the matter.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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The court will then proceed to formulate the charges after the accused and their attorneys have examined the chargesheet. The court will then inform the accused of what crimes have been charged. The accused may also feel that there isnt enough evidence to proceed with a charge and can request discharge.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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