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Uday Kant Jha (part)     01 April 2022

498 case conviction in trail court

I am conviction in trail Court for 2y and my other family members are released by district court. It's possible I get relief Patna high court. What can I do now. Please help me for same...

 



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 3 Replies

Dr J C Vashista (Advocate)     02 April 2022

File an appeal assailing the Trial Court order through your same or another local prudent lawyer.

Advocate Bhartesh goyal (advocate)     02 April 2022

Yes, you have no option but to file an appeal . Contact to any senior lawyer for same.

Palak batra   02 April 2022

Dear Querist,

 

After the registration of FIR under section. 498a/406 is done. It is better to take anticipatory bail in the offences as read in the FIR. anticipatory bail comes with certain obligations attached to it, the court may impose certain conditions like depositing a demand draft of a certain amount in the name of the wife and the complainant as a part of maintenance.

 

In the case of Chandra bhan vs. state the honourable high court of Delhi introduced certain guidelines to avoid the misuse of section 498a of ipc. 

 

One can approach court through filing an appeal in the court of law but the release depends upon the evidence and grounds for proceedings. If a magistrate comes to the conclusion that there are no sufficient grounds the accused could be discharged. This test was stated in the case of UOI vs. Prafulla Kumar samal. 

 

Regards,

Palak


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