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Zuniee (Engineer)     26 September 2016

After happens after name quash

Respected Sir,
Would like to know what happens to a 498A case after other (sisters) accused names gets quashed in HC in 498A & 307 Case. I think still A1 has to face the trail till completion rt. 

Also, can my sisters file criminal defamtion and malicious prosecution cases ?

 

Thank you



Learning

 6 Replies

sai narayana   26 September 2016

Yes unquashed (undischarged) members must attend.

Zuniee (Engineer)     26 September 2016

the complaint (PW1) & other witness have to come rt, in this case how the charge framing will takes place ?

Sachin (N.A)     26 September 2016

Originally posted by : Zuniee
Respected Sir,
Would like to know what happens to a 498A case after other (sisters) accused names gets quashed in HC in 498A & 307 Case. I think still A1 has to face the trail till completion rt. 

Also, can my sisters file criminal defamtion and malicious prosecution cases ?

 

Thank you

Other accused have to face trail. and your sister can file case/s under various sections of law as per case details.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     27 September 2016

After Quash of Accused names , Remaining will have to face Trial, in your case it is A1.

 

Zuniee (Engineer)     27 September 2016

Yes! remaining accused have to face trail, but the trail sequance will remain same ?

What about evidence, which already disclosed in quash procedings.

Zuniee (Engineer)     27 September 2016

What I would like to know is in a 498A + 307 (etc) Out of 8 accused if A5 , A6 & A8, gets their names quashed by HC, before charge-framing in trail court (Its been 4 years, the charge framing is yet to happen and that is why A5,A6&A8 went for name quash). What I understand it the other accused still have to face the trail. But what should trail court do or conclude when out of 8, 3 accused have been already discharged and that is why the IPC 307 doesn't stand or proved fabricated, in this case Trail judge still have to frame the charges, how about evidence stage. In total would like to know how this trail will take shape in such scenarios.


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