GANGAM.RAJENDER.
(Querist) 29 November 2013
This query is : Resolved
respected experts, 498A ,DP ACT 4 case has been registered in the year 2013 and charge sheet also filed. in the FIR A1 TO A5 ARE THE ACCUSED PERSONS,AFTER DUE INVESTIGATION A3 TO A5 ARE DELETED AND CHARGE SHEET HAS BEEN SUBMITTED BEFORE THE HON'BLE COURT. WHICH IS THE APPEARANCE STAGE.A1 ARRESTED AND RELEASED ON THE BAIL AND ALSO A2 (MOTHER IN LAW)SURRENDERED AND RELEASED ON BAIL.ALL ARE VAGUE ALLEGATIONS IN THE COMPLAINT. Q1.BASED ON THE CHARGE SHEET CAN WE APPLY DISCHARGE PETITION U/S 239 OF CRPC AT THIS STAGE. Q2.TRIAL IS NOT COMMENCED WHICH IS ONLY IN APPEARANCE STAGE.WHETHER THE DISCHARGE PETITION IS MAINTAINABLE OR NOT.PLS GIVE ME SUGGESTION SIR +. THANK YOU SIR.
Devajyoti Barman
(Expert) 29 November 2013
Yes you8 can file discharge petition now. Another option id quashing from high court. Both are very rarely allowed.
GANGAM.RAJENDER.
(Querist) 29 November 2013
thank you devajyoti Barman madam ,pls sir provide previous proforma for discharge petition u/s 239 of crpc and any case laws or judgments relating to vague allegations in 498a case . THANK YOU SIR.
Devajyoti Barman
(Expert) 29 November 2013
First correct my gender. Second, no format is supplied here. Third, thanks for your appreciation.
Rajendra K Goyal
(Expert) 29 November 2013
No formats supplied at this section. Contact your lawyer.
prabhakar singh
(Expert) 29 November 2013
Any petition is drafted on the basis of facts of that particular case then i do not understand how can there may be a format?
Guest
(Expert) 30 November 2013
Sir the Petition Format should be available with your advocate.
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