Discharge
rsraghukumar
(Querist) 03 April 2012
This query is : Resolved
sir i filed a criminal complaint u/ss 420,494,495. as the girl was already married without giving divorce she married again. i filed OP to declare my marriage null and void. the OP decreed in my favour. after ascertaing that decree copy i filed in the criminal case. i filed the criminal complaint 3 and half years back. OP judgment came last two months back. after filing the criminal complaint she never filed any discharg petition in criminal complaint. after filing the OP judgment in criminal complaint the girl and other 5 accused filed discharge petition in trial court now. sir will trial court will discharge them? they are criminals in the society. will be there any lady smpathy in courts? yesterday only arguments complited in criminal case in discharge petition. reseve for arguments annunced. sir plz sugget me what precations i have to take by not discharging them.
Shonee Kapoor
(Expert) 03 April 2012
Well, discharge happens on legal grounds, if the complaint has ingredients of 420/ 494 and 495 they won't be discharged.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 03 April 2012
Dear Querist
according to section 245 Crpc
245. When accused shall be discharged.
(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.
STATE AMENDMENT
WEST BENGAL:
In section 245, after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."
you can file written objection on this application or argue before the court.
feel free to call
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
It seems that it is private complaint. The person should have made state case than the discharge was difficult.
Deepak Nair
(Expert) 03 April 2012
If it is a private case, chances of discharge are more.
The outcome will depond on your ability to prove mens-rea (intention of the accused).
ajay sethi
(Expert) 03 April 2012
arguments have been completed . wait for court order . when order is passed then raise your query in forum
