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Accused u/s 498a IPC be arrested on the day of first hearing
10-May-2023 (In Criminal Law)
Hi Court has taken cognizance of the 498A case and issued a summon to appear on 12th of June. my fear is when I appear on the date of Summon on 12th of june. Will i be arrested by Police. I am also applying for an anticipatory bail in the mean time. My question is if the bail gets rejected and I appear on the 12th of june. Will i be arrested
Don’t appear in the court on 12th as you have applied for anticipatory bail so wait for the hearing and if it’ gets rejected then move to the High court against rejection and I believe that you will get favourable order
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Adv. Jorong Sanga
Ranchi | 100+ Answers
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Is 498A a summons case?
Only to resolve the matrimonial disputes are cases filed under Section 498 A of the Penal Code 1860. Sometimes the wife files the FIR as soon as she receives the summons by the Family Courts. 25-Aug-2023
What are the stages in 498A case?
First signs that you are facing a false criminal charge under section 498A IPC. ...
False complaint filing and FIR registration. ...
Notice under section 41A of the CrPC. ...
How to get Station Bail. ...
How to get a default bail. ...
The 437 CrPC provides for the regular bail. ...
High Court can quash the FIR under section 482 of CrPC.
What happens in first hearing of 498A?
The first step is for the prosecutor to ask the witness to give his/her version of the facts. After that, the accused or their lawyers have the opportunity to question them. Although there is no set order in which witnesses are called, the complainant is usually the first and the investigating officer is the last.
Well, your question is hotch-potch, but I have tried to understand. Actually a case u/s498 IPC is pending against you before District court & your Lawyer has filed Anticipatory Bail application before Hon'ble High Court ,on behalf of you ,& during hearing Court issued summon to appear before the Hon'ble High court on 12th June.
Most probably informant/Victim of this case will be also summoned to appear on said date before the said court.
Actually Hon'ble Court observe & analys various aspects such as Truth of Facts, gravity, way to short out the matter etc. So don't be fearful, on the same day if your Anti.Bail Application will be rejecte you will be not arrested in the court room. But before the court you should appear in pleasent, natural, disciplined way & mentally prepared to respond defend allegations against you, & for this your Lawyer of High Court will be the best friend.
Plz consult with him.
Thanks,
Aditya kumar
Advocate.
Most probably informant/Victim of this case will be also summoned to appear on said date before the said court.
Actually Hon'ble Court observe & analys various aspects such as Truth of Facts, gravity, way to short out the matter etc. So don't be fearful, on the same day if your Anti.Bail Application will be rejecte you will be not arrested in the court room. But before the court you should appear in pleasent, natural, disciplined way & mentally prepared to respond defend allegations against you, & for this your Lawyer of High Court will be the best friend.
Plz consult with him.
Thanks,
Aditya kumar
Advocate.
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Adv. Aditya Kumar
Gumla | 100+ Answers
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Since 498a is cognizable offence, you could be arrested,it is advisable that you should not appear without having interim protection.
If your anticipatory bail gets rejected then file the same before the higher/appellate court.
If your anticipatory bail gets rejected then file the same before the higher/appellate court.
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Dear Sir/Madam
It's the court of Judicial Magistrate takes cognizance of the offences and not the Hon'ble High Court. Offence under section 498A is non-bailable in nature and once you appear upon receiving the summons without obtaining anticipatory bail, the Court will send you to custody. First of all, you have to file application for anticipatory bail before th District Judge and if it gets rejected you can file anticipatory bail application before the Hon'ble High court challenging the rejection order and thereafter to the Hon'ble Supreme Court. If you appear upon rejection of ABP/ABA, you are to be sent to custody for obtaining regular bail.
Regards
Rohit Ranjan Sinha, Advocate
It's the court of Judicial Magistrate takes cognizance of the offences and not the Hon'ble High Court. Offence under section 498A is non-bailable in nature and once you appear upon receiving the summons without obtaining anticipatory bail, the Court will send you to custody. First of all, you have to file application for anticipatory bail before th District Judge and if it gets rejected you can file anticipatory bail application before the Hon'ble High court challenging the rejection order and thereafter to the Hon'ble Supreme Court. If you appear upon rejection of ABP/ABA, you are to be sent to custody for obtaining regular bail.
Regards
Rohit Ranjan Sinha, Advocate
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Adv. Rohit Ranjan Sinha
Ranchi | 25+ Answers
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