Discharge order pending

Querist : Anonymous (Querist) 08 January 2025 This query is : Resolved
The MM court in roznama mention to pass discharge order which is pending. On many occasions the accussed is not appearing in court and is filing exemption although there is restrictions imposed on him. Please tell me what to do or solution

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This discussion concerns a pending discharge order in a forgery and cheating case. The case involves a disputed will made when the mother was hospitalised and discharged on the same day, raising questions about its validity. Further complications arise from a deed of assignment made shortly before the mother's passing, with police reports indicating smudged thumb impressions on both documents. The court has requested a discharge summary, and while the accused's advocate repeatedly files exemptions, clarity on the next steps is sought.

Querist : Anonymous (Querist) 08 January 2025
Please reply for the above

T. Kalaiselvan, Advocate (Expert) 09 January 2025
No reply can be given to vague questions without disclosing the details

P. Venu (Expert) 09 January 2025
This is a repeated query.
Admittedly, the accused has been discharged. If so, why should he appear in the Court?

Querist : Anonymous (Querist) 09 January 2025
He is not being discharged

Querist : Anonymous (Querist) 09 January 2025
The accussed has not been discharged. As mentioned earlier this is a cae of Forgery and cheating. There is will made on 18-07-2008 when mother was in hospital and got discharged on same day. The court asked for discharge summary. In the Summary report it is mentioned that my mother had asthma, hypertension and had difficulty in walking and climbing. It is noted that what is the urgency of making will on the same day when my mother got discharged from hospital.

Secondly my mother was in in ICU on 07-03-2009 and passed away on 12-03-2009. My brother and sister made a deed of assignment dated 07-03-2009 and was endorsed on 12-03-2011. As per police report the will and deed of assignment the thumb impression are smudged and are not comparable. The court after seeing the will and discharge summary mentioned for discharge order. Now on many occasions the advocate of accussed is filing exemption. Please let me know what can be done or solution. Please advise. Awaiting for your prompt response. Thank You.

Dr. J C Vashista (Expert) 11 January 2025
You are concerned about discharge of accused by MM in some criminal case or patient from hospital ? How is it relevant to a "will" ?
The facts posted are vague and confusing.
It is better to contact, consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

Querist : Anonymous (Querist) 12 January 2025
There is will made on 18-07-2008 when mother was in hospital and got discharged on same day.The court asked for discharge summary. In the Summary report it is mentioned that my mother had asthma, hypertension and had difficulty in walking and climbing. It is noted that what is the urgency of making will on the same day when my mother got discharged from hospital.Its is doubtful that the will was not made by mother.

Dr. J C Vashista (Expert) 13 January 2025
Instead of posting your facts in bits and pieces, it is better to contact, consult and engage another local prudent lawyer for proper appreciation of documents, professional advise and necessary proceeding, if you have lost faith in your lawyer.

Querist : Anonymous (Querist) 13 January 2025
Good Morning. I have not lost faith on my lawyer. I just wanted a second opinion but the point is I am not getting the proper feedback. I have clearly mentioned the facts of will and deed of assignment but even though I did not get the exact answer. Anyway thank you

T. Kalaiselvan, Advocate (Expert) 13 January 2025
The burden to prove the Will is on the propounder
A propounder of a will is a person who presents a will to a court for approval and proof of its validity.
If you object to the Will thn you may better submit the discharge summary to the court, why do you hesitate after having filed the criminal complaint?

Querist : Anonymous (Querist) 13 January 2025
The will is not presented in any of the courts till date.(CIVIL OR CRIMINAL). Thank You for your advice.

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