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Rohit Agarwal   29 August 2019

498a chargesheet submited but charge not framed & no trial

After Divorce filed by me, my wife filed false 498a, 406 and 34 in the year 2014 to our Police Station. We all got AB and then regular bail after surrender to district court. After that we don't follow up court as investigation going by Investigation officer. I have decide after charge sheet when we receive summon we will go to court.
But till now 2019 no court summon or police call receive regarding charge sheet.
Recently I have appointed an Advocate to inquiry the status of my 498a case to the court General Record section . After The inquiry the advocate tell me that charge sheet filed in the year 2016 and 20 court dates are left after that. I ask him the case number but no case number are there as we don't collect the charge sheet so charge not framed yet.
My Advocate tell me a next date and suggest me we all need to collect the charge sheet to this particular date from court and after that court will frame case then after that Trial will start.

My question is that No summon come to me.,
until accused not collect the charge sheet the case will not start ?
after 498a charge sheet If accused never go to court as after bail summon not come, what will happen, trial never start ?
Please advise me.



Learning

 4 Replies

Alvira Khan   30 August 2019

court have power to issue nbw against accused if they not appear and forfeit bail

Rohit Agarwal   30 August 2019

court have power to issue nbw against accused when accused not appear after receiving summon. But Summon not send during this 5 years period. Do I need to appear without summon ?

Alvira Khan   01 September 2019

yes u can appear without summon before the court and fight your case

Alvira Khan   01 September 2019

because u know that u have accusd in that case .you have got bail already
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