498/406/34 way to come out from this case
Rahul
(Querist) 21 November 2013
This query is : Resolved
Hello Experts,
I am husband with 498a/406/34 case in which myself(husband) , my mohter, my father , my brother & my sister are accused.
FIR Registered on August-08
Got Anticipatory Bail on May-09
Got Regular Bail on Oct-2010
Now the current stage is Argument on Charge.
My query is
1. Shall we go for discharge application
u/s 239 CrPC or go for direct arguments
on charge ??
2. In case we go for direct Argument on
Charge then based upon merits will the
all or set of accused people come out
from case on Merits ?
I mean to ask that the result of discharge application can also be achieved in Argument on Charge exercise ????
As we are planning to go for Argument on discharge instead of discharge application u/s 239 CrPC.
Please suggest.
Thanks,
Rahul
T. Kalaiselvan, Advocate
(Expert) 22 November 2013
Discharge—When permissible?—A discharge under Section 239 of the Cr. P.C. is possible only when the Court entertains the satisfaction that the allegations/charge against the accused is groundless. No detailed evaluation of the materials or meticulous consideration of the possible defences need to undertaken at this stage. The exercise of weighing materials in golden scales is certainly not to be undertaken at this stage and has to bee postponed to a later date,. Is the allegation/charge groundless? That alone need be considered at the stage of Section 239/240 of the Cr. P.C.—Kuriachan Chacko v. State of Kerala, 2007 Cri LJ 4458 at 4462 (Ker).
When accused shall be discharged.—If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
The above will clarify your query and doubt.
Rahul
(Querist) 23 November 2013
Dear t.kalaisrlevan,
Thanks for your reply.
U meant to say that after framing of whatever charges at the end of argument on charge the accused people can file discharge application.
Pls confirm.
Rahul
(Querist) 23 November 2013
I meant to confirm that discharge application u/s 239 is possible for accused people who were not come out from case after argument on charge exercise.
