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Filed 498a On Husband And in Laws But Nothing Happened till now
30-Dec-2023 (In Criminal Law)
I filed FIR on my husband and his family under sections 498a, 323, 504, 506, 149, dp act 3/4 on November 2, 2017 in my mother's place hubli, Karnataka. My in laws are native of Andhra Pradesh. Immediately police sent notice to them to record their statements, but they intentionally Sent back with out receiving that notice. Now two months over, but still nothing has happened.They are all enjoying marriage cerrmonies etc, they didn't even apply for bail also. Is the case is not strong?Y police are not taking any action? Is the bail is not necessary in 498a? I know immediate arrest is not required in 498a but atleast they should take bail or not? Pls answer me
As you mentioned in your case,it is depend upon the nature of cruality,i still can't believe in you that is it possible to say you that the court what it has taken proper step against of those persons,unless involve in your case and without certain type of documents it is impossible to answer.
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Adv. Shabbeer Basha.M
Bangalore | 25+ Answers
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What is issuing of bailable warrant?
Before issuing a warrant the Court (Magistrate), must be satisfied that the summons has already been served to the respondent; the Court also needs to have reason to believe that petitioner is absconding or wont obey the summons. 18-Jul-2022
What happens after a bailable warrant?
If the accused does not appear, Court will check if warrant was served properly or not. If the Bailable Warrant is not served properly, a new one will be issued.
What happens in a bailable Offence?
Bail is given to an accused in bailable offenses. They are released from jail while they await trial and can continue to work and support their families. The bail bond can expire if they do not appear at the court when summoned. 24-Jul-2023
How do I get out of a non bailable warrant?
Give an undertaking: If the drawer is unable to attend court, he/she must give an undertaking that they will comply with all court orders and appear at future hearings. The court can cancel the warrant based on the application provided by the drawer and the undertaking provided. 11-May-2023
Taking a Bail is one's own choice. If any Accused does not prefer to take a Regular Bail after the Charge-Sheet, then he is susceptible to be arrested anytime during the trial. Now, it all depends whether all the Accused have been received the Notice/Summons in your said case. Unfortunately, the Accused many times hand-in-glove with the Executive, avoid the appearance to the Court till the neck moment.
So please make sure whether the said Accused have been intimated or served with the Court Summons about the said Case or request your Advocate on Record to speed up by asking the Court to issued NBW (Non-Bailable Warrant) upon all the Accused for their absence in spite of being served with the Court Summons.
So please make sure whether the said Accused have been intimated or served with the Court Summons about the said Case or request your Advocate on Record to speed up by asking the Court to issued NBW (Non-Bailable Warrant) upon all the Accused for their absence in spite of being served with the Court Summons.
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Adv. Pradeep Kumar Bharadwaj
Bangalore | 100+ Answers
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Dear Madam,
as per your query when FIR registered under section 498a, they have to take bail from the competent court, as per my opinion they are taken anticipatory bail from the session court, and once FIR filed police have three months time to file charge sheet against accused as such another one month time is there, if they dont take any action you can take shelter from the court for further procedure.
as per your query when FIR registered under section 498a, they have to take bail from the competent court, as per my opinion they are taken anticipatory bail from the session court, and once FIR filed police have three months time to file charge sheet against accused as such another one month time is there, if they dont take any action you can take shelter from the court for further procedure.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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