Section 498a,406,506, 34, of ipc

1. Appeal has to be filed within 30 days from the date of receipt of certified copy of the order and not from date of passing the order in open court. Even if there is marginal delay the court can condone the said delay if it is satisfied that the delay was due to any genuine reason.

2. No need to apply for bail when they are acquitted.

3. Both the parties has to argue the case at its merit. The sessions court may ether conform the order of the lower court or reverse.

4. The only action which can be taken is to contest the case on merit.

Hello Suresh Kumar,

It would be really helpful , if  you Could please let us know when did FIR filed, when did case started (trial) and where was the case ..

I am also suffering from disease 498A and want to know how long would it take to be out of it ..

Thanks.

dear suresh

1. discussing on the time barred topic in cases like 498 a is wasting the time as delay in maximum cases is covered by giving some solid reason.

2.apply for anticipatory bail for precaustional measures as i had seen in many cases the accused acquitted in 498 a get conviction in appellate courts.

3.hire some good lawyer and foolow his instructions.

Respected All,

Please inform the exact time for file an appeal with the session court also mention the Section of that act in which the time is specified.  Because there is some confussion at our end.  Please reply as early possible and I am thanking you in advance.

Respected All Member,

Please inform as early as possible.  The date of hearing in the session court is near.  So Please advise as early as possible.  Thanking you in advance.

Best Regards

(Suresh Kumar)

Respected All Member,

If some one have knowledge about the exact time for file appeal in session court against the decision of the Ist class magistrate please inform as early as possible.  As the hearing date in the session court is near.  So Please advise as early as possible.  Because we want to argue on the time bared issue. Thanking you in advance.

Best Regards

(Suresh Kumar)

It has to be filed within 30 days, but with condonation of delay application, it can be filed at a later date as well.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks a lot Mr. Shonee Kapoor Ji for your reply.

Now the latest progress in this case is :-

1 The hearing had fixed for 25/04/2012 and we attended the hearing.  The Magistrate discuss the issue. The advocate of the Ist party (appealent) told that there is a late to file appeal by 12days adn reason mentioned by them is that they are asking to govt PP to file the appeal but the govt PP did not file the appeal and at last we have to file this appeal i.e the reason for delay to file the appeal and our advocate argue that it is late by 18 days.  We are not understand that both advocate are taking period to file appeal with in 90days.  The decision was pronounced on 04/07/2011 and the Ist party file appeal on 22/10/2011. It seems that the both adovcate are same view.  It seems there is mutual understanding between both side advocate.

2. Suppose the both advocate are wrong on this issue because some gentelman like you also inform that the appeal should be filed with in 30 days.  Now the question is arise that whether the magistrate will apply his mind or will faith on the advocate.

Please suggest and guide us because your guidance will help us a lot.

Thanks & Best Regards

(Suresh Kumar)

Cell No. 9813414385

Respected All Member,

As already explain the Ist party file an appeal in session court in which it is clear cut mentioned that her parents gives a dowery beyond there capacity.

Now please give your view:-

Could we loddge the FIR under DP3?

Your early opinion in this matter shall be highly appreciated.

Thanks & Regards

(Suresh Kumar)

Dear All Member,

We appeared on the Ist Hearing but the hearing date adjourn for 10/6/2012 and argument was given by the Ist Party advocate that the appeal is late by 12 days when our advocate insisting for 18days delay. The Magistrate adjourn the case for next hearing with his view that we shall discuss on the both issue on the next date that is on delay and appeal acceptance.  Now I want to know that:-

1. Is appeal accepted on the basis of delay as the Ist party give reason for delay is that:- She asked the PP to file the appeal but the PP did not file the appeal and at last she has to file appeal at her end. Whether magistrate asked the PP for present there record for see that in fact she asked the PP to file the appeal or not?

2. The decision was pronounced in the court on dtd.04/07/2011 and we (IInd) collect the decision on dtd.19/07/2011.  When we collected the decision copy with in a short period of time than they had also collected the copy of the decision with in short time.  Now on which basis they are saying that the delay is at the end of PP.  More over every person who is facing the court always with in the touch of his/her advocate.  It means the base given by her incorrect.

3. Each and every witnesse arranged by her in the trial court denied for demanding any dwary more over some witnesse refused to know us in from of the magistrate.  All these points are mentioned by the magistrate in his decision.  Now please give your view  about the session court  that what action will be taken by the session court?

Thanks