jeets (designer ) 08 April 2018
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 April 2018
Sir,
Yes the favourable order in DV case can help you, but you have to argue your 498A case on its own merits and if the chargesheet has been filed, then you can go for discharge of the case.
Warm Regards
Kapil Chandna Advocate
9899011450
Vijay Raj Mahajan (Advocate) 09 April 2018
The bail is granted and so no arrest will be done now. The criminal complaint based on FIR u/s 498A IPC is independent matter and it has to be defended by you in the court proceedings initiated by the Magistrate in the matter where you need to appear with your advocate on the dated fixed. You can even try for quashing of FIR and criminal proceedings from the High Court on the ground of delay in filling chargesheet by the police and falsehood of the criminal complaint that was based on similar facts and circumstances which got decided in the Domestic Violence case filled against you.The same you can use in the Magistrate court at the time of Charge stage which will be fixed by the Magistrate after you make your first appearence in the court. The Magistrate may consider the decision of Domestic Violence case as that was based on similar facts and circumstances.
jeets (designer ) 09 April 2018
Dear sir,
Much thanks for your suggestion, I have already filed for quashing the 498a in High court, but court has directed that this can be filed in local megistrate first.
Can i again go for discharge of case beofre the appear date?
thanks
Jeetendra
Vijay Raj Mahajan (Advocate) 09 April 2018
P. Venu (Advocate) 09 April 2018