Discharge in 498a


Hi,
in my case , oppostie Party imposed 307 with 498a with total 7 family members. Matter related to Kanpur. U.P.

1) Police first investigated and removed 307 and also removed name of 4 people.
2) under "Further Investigation" , Police repeated same charges with more evidence of falsifying 307.
3) In 482, High court Quashed 2 more names ie parent names called whole case to "Simple and Vague" and just matrimonial discord.

4) HC also directed me file Discharge in 2 weeks.
Now my quesiton is , does lower court has power to discharge? if yes, what should be best plan.

 
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Please reply , it is urgent.

 
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Did you not ask the HC in your petition under section 482 Cr PC for quashing the entire proceedings in the lower court on the basis of the false implications under section 498a and 307 IPC? 2) Did the HC specifically mentioned in it's order to move Discharge application in the lower court?
 
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HC mentioned to me. Rest quashed. Husband no relief
 
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HC mentioned to me. Rest quashed. Husband no relief
 
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So you as husband have to face both the charges in the lower court and there you can seek discharge as per the circumstances which contain in the investigation report and the charge sheet against you. But, is your lawyer a damp squib.
 
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So you as husband have to face both the charges in the lower court and there you can seek discharge as per the circumstances which contain in the investigation report and the charge sheet against you. But, is your lawyer a damp squib.
 
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Advocate

Sir,

 

HC meant that you should focus on discharge at the Lower Court (which means you should argue at charge framing stage).

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 
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lower court has power to discharge accused. u have to file application u/s 239 crpc for discharge.

 
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Since, offence under section 307 IPC is also involved, so the trial will be conducted by the Sessions Court. So in that case the accused Ashish cannot be discharged without conclusion of the Sessions Trial. Moreover his application under section 482 for revision has already been disposed off by HC. The lower court in HC order to mean concerned court. The HC cannot recommend that 307 IPC to be tried by the Magisterial court.
 
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