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Gaurav (Engineer)     03 November 2016

498a acquittal

Dear Sir, 

We have acquitted in 498A and judge specified in his judgement that the lleged allegations are general as well as vague in nature and there is no specidic allegations against the accused persons.

Wife has filed CRA in sessions court against the state and myself against the acquittal in 498A. Next date is in january for appearance. 

Please suggest whether i need to be present on the next date fixed for appearance and all the subsquen dates. 

How much time it will take to dispose appeal ?

 



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     03 November 2016

Gaurav u need to present if date is informed to you by the court of law.

Time depend up on fact and circumstance of case.

Will u give thansk on my LCi profile for this free advice?

Gaurav (Engineer)     03 November 2016

Thanks Sir,

One query ... 

State doesn't file an appeal but the complainent has filed the appeal against the state and us. 

Is this appeal valid as state failed to go for an appeal ? 

Since the judicial magistrate has pointed that there is no specific allegations and no evidence against the accused, what would be our stand. 

Can we request judge to dismiss the appeal at the very first hearing ? 

Please suggest. 

Sachin (N.A)     03 November 2016

Dear Gaurav,

 

Appeal is valid , she has to prove that how her appeal is maintainable and what are the proofs she are having which court failed to appreciate.

 

It is very hard to get the appeal succed against aqquital


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