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Sunil (manager)     13 December 2011

Summons not received in 498a

My wife filed 498a case on me in Sept 2010, I have not recived the summons from the court to appear for the trail, but recently I got to know from someone in the court that the date is next week and it is a confirmed date, should i go to the court without summons or wait for a summon. Please advice



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 9 Replies

Sanjeev (Lawyer)     13 December 2011

if the chargesheet has been filed and you already have regular bail so you should go on the date as in many courts the summons are never delivered. Its better to be present to prevent.

Sudhir Kumar, Advocate (Advocate)     13 December 2011

Please make sure that a fraud is not commmitted on you. Someone may forge your acknowledgement and get you bail cancelled for non-appearance.

Sunil (manager)     13 December 2011

I don't know about the Chargsheet as we don't have the copy of it, this will be first hearing after the regular bail. my lawyer is saying if you hav'nt got the summons, you don't need to come to the court. please advice

danny_p (Asst Manager)     14 December 2011

Is it possible for court to release summon without chargesheet? this is bit confusing.

Thanks,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 December 2011

Hmmm,

 

When enlarging of regular bail, generally in some HCs the practise is to give a date for chargesheet, when you should appear, in other HC summons are sent and then you appear.

 

Now, regarding the case listed next week. Ask your advocate to find out what it is listed for.

 

When there is a date, appear.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sanjeev (Lawyer)     14 December 2011

Generally summons are issued for appearence after bail only when chargesheet is filed so most probably chargesheet would have been filed in your case. This you can enquire yourself by enquiring with the court staff and seeing the file personally or your advocate can do this for you.

But since you are aware of the fact of the approaching date you must present yourself on the date. The court staff through whom you became aware of the date can check the charge sheet status too.

Sunil (manager)     14 December 2011

Okay, we got regular bail in Sep 2010, at that time we were presented infront of the session court judge and he has given us the regular bail. We did not get the copy of the charge sheet that time, our laywer said you need to be present in the court now when you will recieve the summons from court, but we havn't recieved summons till now. we found out through some source about the date, and he said 17th december. Our lawyer is saying I don't know about this date but if you have the knowledge you can come to the court or else wait for the summons.

please advice sir.
 

Sanjeev (Lawyer)     15 December 2011

whats the problem in going to court why you asking so many times go on the date what else.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 December 2011

:-) Agreed with Sanjeev,  you are just cluttering your mind by speculating what can be found out by mere appearance.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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