MASTHAN (Self employeed) 22 February 2011

Need more info on 498A quash procedure

Hi All,

We filed our 498A, DP3 and DP4 case for quash u/s 482 Cprc in first week of July-2010.

My advocate sent the showcause notice to the other party for more than 3/4 times. But the opposite party not received it till now, they are trying to drag the issue indefinitely.

On every hearing the interim stay order used to extend for 4/6 weeks of time. Today the interiem stay order extended for "until further orders"

As per my understanding if HC has given the stay order until further orders that means, they admitted the case and they are ready to hear the case. Please correct me if I am wrong.

Now what the court going to do? Will the PP of High court argue the case on the absence of default complainant ? or they will go with ex party order ?

Some of my friends telling that since 498A is a criminal case HC wont go for exparty order, it is our burden to serve the notice to them , is it true?

Thanks,

Masthan

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2 Replies

MASTHAN (Self employeed) 24 February 2011

Can some one please reply the above one?

vivek (-) 11 March 2011

No need to serve personally from your side, snowcause notice is issued to opposite party by the highcourt and public procecutor will argue from their side.