'discharge application'

Guest (Querist) 06 November 2012 This query is : Resolved
When can one use 'Discharge Application' in 498a?
What documents are required for that?

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Devajyoti Barman (Expert) 07 November 2012
At any time after submission of charge sheet and before framing of charge.
No document is required except highlighting the falsity of the case.

Guest (Querist) 07 November 2012
What if I submit the proof on behalf of those false statements?

yogesh (Expert) 08 November 2012
u/s 239 of discharge can be made be made by Trail Court before framing of charges But Once the charges has been framed you can only be discharged after the trail u/s 245 CRPC
No document but strong arguments on vague allegations, jurisdiction ect can help you on getting the relief

V R SHROFF (Expert) 08 November 2012
It is always better to produce Documents to disprove charge sheet.

If you prove beyond doubt, that whatever stated in chargeshet is groundless, and u r innocent, you get discharge.
So both strong argument as well as material facts on Documents to support your Argument are necessary. Only word of mouth may not serve purpose.

For Example. a crime committed at Pune, and to get discharge you can prove with wedding photographs, tickets, hotel bills that u were attending wedding with relatives at Calcutta at the relevant time, and falsely charged, those Document will play vital role.

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