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Soma (ta)     19 March 2012

Procedures for 498a quahing.

MY sister-in-law had filled a false 498a case against my family.We had applied for a quashing in calcutta HC.

After that we got a paper from our high court where it was written

   "An applicaion under section 482 of code of Criminal Procedure read with article 227 of the constitution of india "Let the matter appear as a contested application four week hence".

In the mean time the petitioner are directed to serve a copy of this applicatio upon opposite parties and file affidavit of service on the next date of hearing".

Till now the status of the my case is that  my lawyer had served a copy of this quash petition to the opposite party and a affidavit of service need to be filled on the next date of hearing.

It is almost above 4 month that my lawyer have served the quash petion to the opposite parties and they have not appeared to oppose the quash petition also.As per my lawyer till now he have not got the hearing date.

I have a couple of question:

1. Does lawyer need to take this next hearing date from high court or it will be automatically given by court as 4 weeks have already passed and opposite parties have not appeared to oppose.

2. When I trying to search my case status in high court site i am not able to find result.Why is it so?

3. The case number starts with CRR .But when i am trying to search in HC site there is nothing called CRR.It has CRA(Criminal application) in case type filter condition.Does this CRA and CRR are the same thing.



Learning

 3 Replies

Sanjeev (Lawyer)     19 March 2012

 

. Does lawyer need to take this next hearing date from high court or it will be automatically given by court as 4 weeks have already passed and opposite parties have not appeared to oppose-It would be given automatically and if your case in lower court is stayed by HC than you should not be in a hurry to get the dates let the case get listed on its own but track the case on your own by checking the listing dates daily on the HC website. So that you know whats happening in HC instead of depending on your lawyer.

 

 

2. When I trying to search my case status in high court site i am not able to find result.Why is it so? Check if you get the satus on this link this should show the next listing date(likely)  https://www.courtnic.nic.in/calcutta/content.asp

 

 

3. The case number starts with CRR .But when i am trying to search in HC site there is nothing called CRR.It has CRA(Criminal application) in case type filter condition.Does this CRA and CRR are the same thing.- Your lawyer can tell this point better but if you have some lack of knowledge about case number check by petitioner name option on the site you would get the details.

Sanjeev (Lawyer)     19 March 2012

to add further if notice have been served to the other party they would be present with their objections on the next date when the case is listed.

Gaurav (PQRS)     29 March 2012

How many dates opposite party missed in HC ? Dates are given automatically, Mr Sanjeev is right.


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