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Chinese Chef (Integration Architect)     03 February 2014

Can i file discharge petition in 498a right away?

Dear Members,

 

Case U/s 498a & 406 is currently filed against parents & me at Amritsar. It was a private complaint for which the cognizance was taken by the judge - so, no FIR and no chargesheet.

  

My parents and I are currently on regular bail. Only 1 date has passed since bail was granted and my parents made an appearance.

 

My question is: - Can I file a discharge application U/s 239 on the upcoming date? Or do I need to wait for a particular stage when the discharge can be filed? As I already mentioned, there is no FIR and chargesheet in this case.

 

I'll be delighted to get your feedback and inputs.

 

Thanks!



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     04 February 2014

Yes you can take a call on that now, but subject to Magistrate discretion to get positive output.

Chinese Chef (Integration Architect)     04 February 2014

Thanks.

 

Re: Magistrate discretion -- can magistrate decline accepting the discharge petition without even reading?


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