Guideline regarding 498a
Shiv Gawale
(Querist) 13 August 2018
This query is : Resolved
Sir,
Me & my wife stay separately from last 7 years. In between she had filed dowry case (498A) in May 2016. Till date I have not received any type of samans, my lawyer told me about this case but my lawyer got information not on time. In between court decide a judgment against me & my family members on the basis of several reminders from court but no response from our side so, court order to arrest me and my family members. Actually I have not received samans or any type information regarding this case it may be intestinally hide by my wife & her lawyer.
As per my lawyer said me regarding this case I have filed reconsideration appeal (397) with reference to Supreme Court appeal no. 1265/2017 Rajendra Sharma vs Utter pardesh regarding guideline and misuse of 498A. But honorable court refuse my appeal, reason is no such type of guideline received as on date and reference case of Chandra dev vs prakash chadra \ghosh A.I.R. 1963 S.C. 1430 and Nageshwar Tiwari A.I.R. 2010 S.C. 2261 honorable high court matter is “where there was prima facie evidence. The Magistrate was bound to issue process and even though the person charged of an offence in the complaint might have a defense, the matter has to be left to be decided by an appropriate forum at an appropriate stage. It was further held that the issue of process can be refused only when the Magistrate finds that the evidence led by the complainant is self contradictory or intrinsically untrustworthy”.
My query is Can without any evidence filed 498A and what is the procedure of close down this case?
On my knowledge any type of order by Honorable Supreme Court to follow all the court for the date of judgment or order so, why family court not follows the guideline of Honorable Supreme Court in this case?
What is the revision procedure filed in session court?
Also guide me on what basis I have go to high court?
Dr J C Vashista
(Expert) 14 August 2018
You have already engaged an able, competent and intelligent lawyer to contest your case(s), have faith and seek guidance from him, who is better equipped with all relevant information qua facts of the case(s).
Join some tutorial institute, college, university to learn procedure, it cannot be taught on this platform.
Vijay Raj Mahajan
(Expert) 14 August 2018
Firstly if the criminal complaint under section498A IPC filled against you how the Family Court comes in this criminal complaint case.
Secondly the matter was not appealed by you but must be for quashing the FIR and related criminal complaint case for which you haven't received the court summon.
Rightly held by the High Court for referring you back to trial court for follow up the process there. The charge stage in trial court where you first try to get discharged. If that fails than go to High Court for quashing.
You need good, experienced advocate to guide you properly.
