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vicky (Executive )     07 January 2012

Challan under 498a

Dear Experts

My wife filed the case uner 498a. Now case has been settled  in high court for agreed amount. My parents got anicipary bail in district court by sesstion Judge and directed to take the regular bail from regular court within 3 months that we also taken. As per settlement first motion has been filed and second motion would be filed after six month and petiton for quash would be filed after second motion becouse the opposited party not ready before second motion.

after got the regular bail, district court given the next date to appear before court awaiting the challan. Now i got the call from  Io that he is going to file challan and appear before court. But he is not giving any notice or intimation in writing. i asked him that court has been given next date why i should follow io instruction.

it seems that opposited pary playing some foil game or he is calling me in anticipating some money. pls guide me regarding the write procedure.

 

regards



Learning

 2 Replies

Sanjeev (Lawyer)     07 January 2012

when the challan would be filed you would get summons from the court to appear on the date listed on the summons. The IO has nothing to do with it he would file the chargesheet at the circle office from where it would reach the concerned court.

when the second motion happens the case would be Quashed by HC and the proceedings in the TC would be quashed basis the HC order. Do not give any importance to the IO he would be calling in anticipation of some money.

vicky (Executive )     07 January 2012

Sanjeev ji thanks for your guidance and it shows me path to handle io

regards


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