498a ipc, 239 & 482 cr.pc.
Vick
(Querist) 21 July 2013
This query is : Resolved
In a 498A case , when both the options are available to go for Discharge u/s 239 Crpc. as well as Quashing u/s 482 Cr.pc., what is the most prefrential & should be opted for ?
Chargesheet is Framed & submitted but deficient copies are awaited.
R.K Nanda
(Expert) 21 July 2013
best is quashing u/s 482 of crpc.
Vick
(Querist) 21 July 2013
Thanks Sirs for the advise.
Just in case. i loose the Quash , will that have a -ve imapct on my case / Trial ?
Just in case i loose Quash does that mean i have also lost the chance for Discharge u/s 239 crpc. ?
I am not a pessimist but beleive that nothing is Certain in this world except Death & Taxes. So i am presuming 1% if i loose my option of Quash u/s 482 , what are the left over remedies / options for me.
Thanks for your understanding of my situation & await your Valuable reply.
God bless.
V R SHROFF
(Expert) 21 July 2013
Finally, you prepare for Good defence in trial court .
And 98% winning is assured!!
Vick
(Querist) 21 July 2013
Sir , does that mean that the chances of failing in 482 are higher so i have to be prepared for a good defence in trial ?
Raj Kumar Makkad
(Expert) 21 July 2013
If there are chances for you to be got released from case, those shall be tested while proceeding under section 482 and if nothing is found convincing then forget discharge under section 239.
Sudhir Kumar, Advocate
(Expert) 21 July 2013
you have not elaborated facts of the case so no concrete and useful advise can be given.
