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Discharge and bail

(Querist) 21 February 2014 This query is : Resolved 
SIR, IF SOME IS CHARGSHEETED UNDER 498A, 313,506,504 AND 3/4 DP ACT, AND HE WANT TO FILE THE DISCHARGE APPLICATION BEFORE FRAMING OF CHARGES THEN WHEN HE HAS TO APPLY FOR IT, ON THE DATE WHEN NOTICE IS ISSUED BY THE COURT OR BEFORE THAT, AND HE HAS TO APPLY FOR THE BAIL OR DOSES NOT REQUIRED TILL THE DISPOSAL OF CASE.
Devajyoti Barman (Expert) 21 February 2014
Before framing of charge you can not file such petition. You have to first face framing of charge and then to file discharge petition.
If he is still absconding then apply for bail.
Nadeem Qureshi (Expert) 21 February 2014
first of all apply for bail and after that at the time of framing charge can file the discharge application before trial court and argue on that application if court reject the discharge petition and frame charge then file a revision before revisional court within 90 days from framing the charge. feel free to call
Rajeev Kumar (Expert) 21 February 2014
I somehow differ from Barman sir. When the notice have been issued and the accused persons appear before court at the time of framing of charge then you should file discharge petition. If your Discharge petition is rejected by the court then go for quashing of case in HC on ground of charge. You can file quash petition in HC against cognizance. If the accused is still absconder then file bail.
Rajeev Kumar (Expert) 21 February 2014
@ Barman Sir, If charge will be framed then what is the utilisation of filing Discharge Petition.
Devajyoti Barman (Expert) 22 February 2014
Yes, there was lapse of understanding on my part.
Discharge petition is to be filed before framing of charge.
Rajendra K Goyal (Expert) 22 February 2014
First get the bail and afterwards as advised by the expert Rajeev Kumar.
T. Kalaiselvan, Advocate (Expert) 22 February 2014
I agree with the expert opinion of Mr. Rajeev Kumar on the subject issue. The accused, after receiving notice about the case, is to file the discharge petition during the first appearance itself, i.e., before the charges are framed. If the said petition is dismissed, he has choice for revision or filing quash petition before the high court.
lingraj maradi (Expert) 23 February 2014
sir,

first get bail and after framing of charges you have to file discharge petition before jurisdictional court if there is no prima facia case is not attracted in the complaint allegations then i will suggest you have to file petition before High Court under section 482 of Cr.P.C
Dr J C Vashista (Expert) 23 February 2014
Obtain regular bail and move for discharge from the allegations in complaint/charge(s)levelled by police and notice to be issued by Court.


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