Your bail would not be cancelled if you don't go to court tomorrow
You have not been intimated about filing of charge sheet . No need to appear tomorrow
Do I have to attend court for 498A without getting summons?
Dear Counsels, 1)The chargesheet for my 498A case has been filed in april in hyderabad, but i have not received any summons to appear in court. i checked online through e-court website and could see the date of first hearing as 7th september and the stage mentioned was summons. 2) Should i go to the court tomorrow or wait till i receive any summons? please help. will my bail get cancelled if i dont show up tomorrow? Regards
Asked 6 years ago in Family Law
Religion: Hindu
8 Answers
1. If the stage is summons then possible summons may have been issued. Your lawyer would be able to find this out.
2. Be that as it may, if the summons has not been issued then you are not obligated to appear.
1. Eevn if you have not received the summons ofthe case it is advisable thatyou attend the case.
2.I hope you are on bail.If not then appear on that seek bail.
3. After submission of charge sheet it is not wise to avoid attending court.
1. You have to appear before the Court after receipt of summons in CC from the Court. The concerned police will serve with the summons or you may receive summons by post. The proceedings will be defends on police report before the court tomorrow. Since summons were not served on you, concerned police will report the same before court and the court will adjourn the matter for summons awaited. 2.You have wait for summons from the court. Since you have not received summons from court there no chances to cancel your bail. In case of absent of a party after receipt of summons NBW will be issued and there is no procedure of cancelling bail.
1. How did you come to know that charge sheet has been filed by then police against you in the 498A case? Have you not taken anticipatory bail when FIR was registered against you? Were you not called by the police when your wife had lodged a complaint u/s498A of IPC to investigate the matter from you before registering the FIR based on the said complaint?
2. You should definitely appear before the Court since non appearance will not benefit you in any way legally.
As you did not received any summons from the court then no need to worry to appear before the court it may be possible that the court could not issue any summon to you yet.
It will be better to watch the case proceedings through your counsel if any. You counsel may update you because the online system is not accurate yet.
If you have not received summon then there is legally no need to attend the proceeding, however if you are on a bail then you can not flout with the condition of the bail and probably there must be a condition that you have to be present on each hearing.
Also just an advise, you can also try and go for quashing of the charge sheet in the HC itself.
Regards
1. Since you have not received the summons, you may wait for the police to serve you the summons after which you can appear before the court for trial proceedings.
2. Your bail will not be cancelled if you do not appear before court without being intimated to appear
