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R.SHAH (OFFICE STAFF)     14 December 2013

After 498a acquital what case husband can file ?

hi all,

recently final argument concluded in 498a case, awaiting for judgment.

i would like to know what are the cases i can file after acquittal from 498a case,

did i have to asked court to mentioned such lines in the judgemnt and/or court finding in the judgment are necessary to attract perjruy after judgment by the husband upon wife & others. or such findings are not rquired.

did i can file for the case for whereabouts the gold articles which were alleged by the wife in the FIR which add section 406ipc and police remand where allowed. But there was no recovery from husband by the police. do i need to file the case before court or police to find out those articles. As these case was done by managing the authorities.

kindly advised, asap



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     14 December 2013

premature query

 

If you are acquitted and no appeal is filed within three months,  the meet a layer and after reading the t3ext of the judgement then only some can advise.

R.SHAH (OFFICE STAFF)     31 December 2013

hi,

we are acquitted yesterday from 498a,406 etc... by trial court after pronouncing acquital, court asked us to file application for PR bond and since my sr. advocates was not avail juniors don't know much but court said it was new sc circular / order for accused acquital they have to be relesead on PR bonds and that bons will be in force for 6 months for appeal period.

i m confused should i have to bring those sutries of my regular bail in trial to appear on next date of january before same acquital court.?

i m unable to see the judgment since the time of court is end while doing all these formailties paper works after adquital.

is this is requird pls. thorw some light on this.

i can able to file counter cases after aquital ? if then how long i have to wait.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

Dear Querist

as per section “437A. Bail to require accused to appear before next appellate Court. — (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with  sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. 

 
(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.”. 
 
 
 
 

R.SHAH (OFFICE STAFF)     31 December 2013

i have already given surities before trial court at time when we'r produced in court for said offences.

Now, same suities can't be continued without making them present again for this acquital surities. surities get exhaust now if i call them again in the court already they are disappointed after giving surities because the trial run for long 8 years and for any procedure they have to come in court for NOC to their work. without calling them if continue then they have no problems at all.

not any other alternatives,

when this sec.437a implemented/ammended and this is applicable for all criminal trial acquital.?

If i would be wait for six months if prosecution/complainant file appeal or not. and after six month no appeal file then i have option to file defamation etc.. cases against complainant.?

help

R.SHAH (OFFICE STAFF)     31 December 2013

and why this 6 months long time, usually appeal period of 1 mnth start from date of judgement.

R.SHAH (OFFICE STAFF)     22 January 2014

ipc 211 can be file in same court after acquital. what's the procedure to file after disposed-off case with final judgement of acquital.

 


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