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498a private complaint ,procedure ?


21-Jan-2023 (In Divorce Law)
Could any one explain what is 498a private complaint ? Is my understanding correct as below n1.498a pvt complaint is filed directly court , when police refuses to file fir n2. once complaint is accepted by judge , the case has to start n3. The deposition /evidence is given by the girl and her witnesses n4. Cross of the girl and her witnesses is done by opposite lawyer n5. Arguments are done n6. Based on arguments evidences etc.court decides if charges are to be framed or it can dismiss the case if no evidence of 498a is given can all this happen without the accused being present in court ( I am staying abroad.)
Answers (4)

Answer #1
579 votes
Dear Client in that situation if First Information Report has not been filed then she approached court by way of 156(3) Cr.P.C then court has treated it's a complaint case thereafter Statement of Complainant recorded under section 200 Cr.P.C. and thereafter 202 Statement of witnesses recorded as per you presence part is concern court will summon to you at your address for more clarification you may contact us then I'll explain properly. ADV ANURAG BHATT ALLAHABAD HIGH COURT
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Advocate Anurag Bhatt

Adv. Anurag Bhatt

LawRato Allahabad | 700+ Answers
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Answer #2
568 votes
No not at all. It is very lengthy process. Court can summon any person without giving any opportunities and the person summond can answer his reply but before giving reply he has to be get bail otherwise he will be in jail. But some legal steps are thate by which a person can save herself from this mass.
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Advocate Rohit Nandan Pandey

Adv. Rohit Nandan Pandey

LawRatoAllahabad | 50+ Answers
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Answer #3
846 votes
dear client as per your query I can only suggest that if the court has entertain the petition filed by the girl and you are not filing your objection inspite of having the notice this means you are admitting and she will get the exparte order it would be better to file an objection for future paid consultation please contact us with your relevant documents.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRatoAllahabad | 700+ Answers
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Answer #4
664 votes
if complaint case is accepted by the court then the first step is *the court summons to accused for present in the court if he is not present in the court then court issued warrent against him *when he present the court then the first step to him grant the bail from the court' in your case you can file the anticiapetory bail *after the bail court make charges against the accused and start the trail but all the procedure start after the charge and it is neccesory for an accused to appear in the court without it case never disposed
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Advocate Ankit Saran

Adv. Ankit Saran

LawRatoGhaziabad | 400+ Answers
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