Discharge in ipc 498a,323,504,506 and 3/4dowary prohibation act
SUBHAM AGARWAL
(Querist) 30 December 2011
This query is : Resolved
Can a accused be discharged in 498A,323,504,506 AND 3/4 Dowary prohibation act before framing of charges.
The following are our submissins
1The alleged false incident of voilance without any injury report was reported in three applications with different time and date in each application to Three police officers as 5PM ON 5/12/2009,7PM ON 5/12/2009 AND 7PM ON 12/3/2009.
These application were made after a lapse of 10 years of marriage
Two false witteness were formed in FIR APPLICATION which were not maintioned in application to SSP.Please provide supreme court and allahabad high court judgements in similar court cases of discharge
Nadeem Qureshi
(Expert) 31 December 2011
Dear Subham
yes the accused can be discharges before framing the charge. you can file an application u/s 239 Crpc for discharge, if the magistrate think fit or feels that the charge is baseless or groundless then the court may pass an order for discharged.
R.S.Nayak v/s A.R.Antulay (1986) 2 SCJ 495.AIR 1986 SC2045
feel free to call
adv. rajeev ( rajoo )
(Expert) 31 December 2011
You can file an application, but court won't discharge, Now a days j;udges are not goes deeply in to the matter, just they will dismiss. If your application is allowed your luckiest person, if not then you will have to approach the high court.
Advocate M.Bhadra
(Expert) 31 December 2011
Since an FIR has been registered against you then you have to face the trial and you would be discharged if you can able to prove that you are innocent.You can quash this false case by filing a petition u/sec.482 Cr.P.C. in High Court,but merit of this petition is rare incident.
Devajyoti Barman
(Expert) 31 December 2011
It is worth trying though the chances are beak.l
Deepak Nair
(Expert) 31 December 2011
You can apply for discharge. But it depends on the court to decide whether to discharge or not.
If you can present the case convicingly, then the chances are bright.
prabhakar singh
(Expert) 01 January 2012
you may try but chances to have any favorable order is very bleak.
Shonee Kapoor
(Expert) 02 January 2012
It can be applied, but the success is limited to few established legal grounds only.
Check with an effective lawyer whether there is any use or not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SUBHAM AGARWAL
(Querist) 03 January 2012
It is clear from these three applications that there is contradiction in time and date of incident.Hence the FIR is false.Please provide Supreme court and Allahabad High Court recent Judgements in favour of discharge in similar case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 December 2011
