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Need Legal advice and lawyer in 498A case issued NBW 
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Joined: Fri May 22, 2015 10:31 pm
Posts: 1
Hi,
My current status: 2 days back judge issued ‘Non Bailable Warrant’.
My Requirement:
1) I need proper legal advice as well as good experience lawyer to handle my situation without my presence in court, Rajahmundry, Andhra Pradesh.
2) How long I can be in NBW without affecting and when can I go back to India?
3) What will be situation of the people which has given surety for my bail and my parents?
4) Judge is rudely asking my presence so without my presence how can it be call off NBW?
5) How can we make it to start trail in court?. Right now my wife has to give witness but instead of that they are playing game that they want to settle out-of-court once I go there, but I don’t want to settle this matter out of court. Actually this is their plan from beginning of my problems that they are expecting huge money settlement if say no to reconciliation). They themselves know that this case will discharge from court. Here one important point is that Judge is also insisting to settle out-of-court to favor my wife even though he knows this case is false and baseless.

Two days back in court, my lawyer said no-reconciliation and want to proceed for trail but immediately judge checked with my wife arranged-PP and they replied that if I go there they want to settle and looking for my presence. Then Judge immediately issued NBW.
Details:
-------------
On Aug/2012, my wife filed false 498A (Dowry Harassment) case in India against me and my family (parents, sisters, brother-in-law’s and my maternal uncle), and we were arrested and I jailed three days (All my sisters, brother-in-laws and my maternal uncle removed from Charge sheet).
After few days my wife filed DVC (Domestic Violence) case on Sep/2012 and it got revoked on 2014.
Now 498A case is still running.
In mean time I came to US for job purpose and I’m in US now. My wife knows that my company send me to US and now they changed their mind to continue marital life with me. In 498-case my examination has done on Aug/2014 (I came back to India and went to US again after examination).
I have not been attending court from past 10 months for 498A case. My wife supposed to give witness in court but in spite of that they are putting pressure to come back to India and asking my opinion about reconstitution. After I went to jail I decided not to lead marital life with her at any circumstances, even court convicted or if they hang me I will be ready and happy but not leading life with my wife at all. My in-laws are in high-end real-estate business, they are very rich, and have political power, they influenced everybody. Now they are influencing differently with women sentiment that they want to lead marital life with me and getting sympathy from everybody. Jude has been asking my opinion from my parents, asking me to come to court in person and they all are putting pressure to my parents as well.
According the court process which I know, at the present my wife should give witness instead of that they are all putting pressure and asking me come to India. I work in MNC Company in US and my project takes another 6 months to complete; now I can’t go back to India. Even if I go to India and not returned back on time, it will be big impact to Company and my carrier. I know that if I go to India my in-laws as well as Judge can do any kind of thing to stop me in India itself.

I kindly request you to please give me legal advice and also need good lawyer to take-up this case.


Wed Jun 24, 2015 6:04 am
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Joined: Tue Jun 10, 2014 8:31 am
Posts: 260
So basically the trial has already started. Your wife would be the first prosecution witness. Practically they don't need your presence.

however, technically presence of all accused is required during the trial. it is at the discretion of judge to allow exemptions both temporary and permanent. So judge has legal grounds to request your presence.

One option would be to challenge this in session court and get an exemption for you. But I seriously doubt if session court is going to impunge a magistrate order whihc requires an accused presence. Other option is to let the trial proceed in your absence with you declared a PO. It has its own pitfalls.

I am not sure which is the right approach. Get some advice from senior legal counsel practising in high court.


Fri Jun 26, 2015 5:25 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
1) did u obtain permission from trial court or HC exempting personal appearance?
2) is leave petition u/s. 317 crpc being filed for ur absence by the advocate in 498a on every date or not? ascertain this first. it is very important. Some lawyers take this aspect leniently and do not file it [to make money from u!]. if this was being filed and allowed by the magistrate till the date of issue of NBW, the 317 on the date of issue of NBW too has to be allowed and order made to appear on the next date.

if this is not done, u can appeal to Dist court or HC against the issue of NBW, ask for recall of the NBW [without being required to appear], seek exemption to appear for the next six months, citing ur employment reasons. ur parents can take active role in following up the case. don't rely completely on the advocate. it may harm u sometimes, depending upon the integrity and character of the advocate.


Thu Jul 02, 2015 11:17 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
u should be already having an advocate, is it not? what is he doing? are ur parents appearing regularly?


Thu Jul 02, 2015 11:18 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
representation by POA in favour of parents instead of to advocate was allowed by APHC in a recent case--crlp 3188/2015. u may use the same in ur case.


Sat Jul 18, 2015 5:05 pm
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