498a
Querist :
Anonymous
(Querist) 27 July 2016
This query is : Resolved
Respected experts,
I'm PRIYANKA,Filed 498a on husband A1 and his parents(A2,A3). Hearing started. 5 hearings over so far A1 only appearing on all the hearing dates. A2,A3 who are on AB didn't appear in court yet.
Can A2 and A3 be discharged from 498a before trail without cross examining witness? If yes under what IPC section? My brother is the eye witness here to prove their physical and mental harassment against me. I have voice recording of his mother A3 asking my dad for property on my husband's name which is not submitted in the court yet.
Querist :
Anonymous
(Querist) 27 July 2016
sir im priyanka kindly go through my query, I have mentioned my name,im not able to change my name in profile. excuse for inconvenience.
Guest
(Expert) 27 July 2016
May be you are Priynka or someone else, but posted your query as anonymous person. Further, your question should have been restricted to your own problem, not about the discharge of the opponent parents of your husband. Nobody can anticipate whether his parents can be discharged or not, and if discharged on consideration of what ground the judge of the case case may discharge tham.
In fact, your query, "Can A2 and A3 be discharged from 498a before trial without cross examining witness... If yes under what IPC section" in itself reveals that yours is not a problem, but merely an academic query.
The question arises, why did not you ask this question to your own lawyer?
Querist :
Anonymous
(Querist) 27 July 2016
i have mentioned my name in query kindly go through it,im not able make changes on name from anonymous.
Devajyoti Barman
(Expert) 28 July 2016
Since you have disclosed your identity then I prefer to answer your query.
Well, discharge is not right and it has to pass the scrutiny of court and it can be filed only after submission of charge sheet.
Any accused person can file petition for discharge u/s 239 of crpc.
The PP on your behalf will oppose that prayer and you can also engage lawyer to oppose such application.
Another point to note ,petition for discharge is rarely allowed.
Querist :
Anonymous
(Querist) 28 July 2016
Devajyoti Barman sir,Thank you so much for understanding my problem and for the reply.
