Shravan (Mngr3) 20 December 2013

Protest petition in 498a

Dear Experts,

Its really a pathetic situation in my 498a case. 3days back i went to attend my 498a case for 2nd appearance.
Where my wife also came to court gave protest petition to the judge and requesting court to do the reinvestigation & include A2-A5 in 498a case, as IO as came to conclusion on his own to remove A2-A5.
In 161 statements all the witnesses (except complainant) did not gave any witness against A2-A5, hence police removed A2-A5 in charge sheet & submitted to the court.
Now judge gave next date on 26/12/13.(Charge sheet did not get the no.)

Pls guide me how to stop her & avoid A2-A5 from this 498a crunch..

Thanks in advance.

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7 Replies

498_final stage (Professional) 21 December 2013

Who are A2 A5. If they are your parents or sister then go for 482 in high court. At least you would get stay order for them and the case would run only on you.

sridher (system analyst) 21 December 2013

you van appeal for stay cause is evidense not recovered or u can go for quash.

protest cannot be considered as per law but if the judge is gender biased also you can approach higher court.

T. Kalaiselvan, Advocate (Advocate) 21 December 2013

She has filed a petition before the court for including the other co-accused in the charge sheet?, the court has not taken a decision on the subject (?), the court may issue notice to the police to (IO)or the APP and shall take a decision only after the reply from the concerned party, wait for court's decision and then think about what can be done on this. You may note that the court has not asked your opinion in this issue, so why are you so anxious about it, ask your lawyer to handle the situation.

Shravan (Mngr3) 21 December 2013

Thank you sridher, 498a_Fighter,

Special thanks to Kalaiselvan sir for giving me pcoceedings of protest petition in the court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 December 2013

A2to A5 have no right to hear at this stage.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 December 2013

A2to A5 have no right to hear at this stage. wait and watch till the court order.

vishak (manager) 23 December 2013

Same happened in my case to. Io gave Final report in which nobody was included as she had given in writing that she had filed all cases in hasty. Then she again changed her mood and filed protest.

No cognigence is taken by court till date and matter pending since 1.5 years.

But one more thing happened that she filed another 498a against me after one year against which i have filed 482 CS quash. (pending since one month). My plea is when one case is pending technically court should not accept second case against same accused and almost on the same cause of action.

May be it would help in my devorce case which i would file after quash succeeds..