Need clear view of 498a case process

You got regular bail doesn't mean that on next date you will not appear or seek the summon of the court to make you attend the court proceedings. The appearence in the court, surrending self and getting regular bail means now for each and every date fixed by the court you will be bound to attend the court proceedings. Yes if you are unable to attend any date, your advocate whose Vakaltnamma you have signed will appear and move application for exemption for your personal appearence.

The next date fixed when chargesheet will be filed in the court by the prosection, copy of same given to you. After this process, court will fix date for charge when your advocate will try to get you discharged and prosecution argue for charging you for various offences as mentioned in the FIR. The Court will decide the issue of charge after arguments of both sides heard by it. At that time you get chance to move the session court in revision if you are ordered to be charged by the judicial magistrate court, you can even seek stay of trail court proceedings till your revision get decided by the Session Court. If you want you can get charged by the JMIC and regular criminal case proceeds where the prosecution begins with its evidence. If you want to get the FIR and criminal case proceedings quashed, you can move the High Court u/s 482 Cr.P.C and get the stay order for any further proceedings in the trail court.

This a brief how the criminal proceedings u/s 498A IPC etc. proceeds in the court anywhere in India.

but sir, some LC advocate answered to this forum that after bail, don't need to go court until summon send, where FIR filed in police station.

Originally posted by : rohan sati
	manik ji, u'll have to attend the proceedings unless ur counsel submit the exemption on ur behalf which too is limited.

Rohan Ji, how court proceedings without case register number and without charge sheet ?

 

Dear Vijay Raj Mahajan,

"before fileing the chargesheet in the case there is no procedure to appear before the court for hearing in criminal cases. the court's can use the power after filling chargesheet. after filling chargesheet before court and court taking cognizance the court issue summons to parties/accused and after that the procedure will be start."

If the above is true as per law then how suggest that we will be bound to attend the court proceedings, before chargesheet ?


 

Kapil Ji,

your suggestion not clear to me, sorry.

"Recall W/A" means warrant of arrest ,if any is recalled (means cancelled ) N-D-17/4/18 .

Yes, all the experts are right.     The Accused is supposed to attend the Court.      Oterwise summons or warrant can be issued or a couple of opportunities are given.     It all depends on the Court.

Recall of warrant means the Accused is excused for that time.

Originally posted by : TGK REDDI
	Yes, all the experts are right.     The Accused is supposed to attend the Court.      Oterwise summons or warrant can be issued or a couple of opportunities are given.     It all depends on the Court.

Dear Sir,

"Accused is supposed to attend the Court"

but my question is after bail what are the purpose to attend the Court, wthout charge and trial start ?  without register a case court can start proceeding ?

I am not a law expart, asking expert answer.

There's no provision in criminal law that accused can attend through Advocate.

In civil law, there is.

Though there's no use, attendance can't be skipped though Courts often wink at absence.