When to file discharge petition?

Guest (Querist) 05 March 2013 This query is : Resolved
After Regular bail I want to go for Discharge Petition in 498a based on Jurisdiction ground.
When is the correct time to file Discharge Petition?

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Raj Kumar Makkad (Expert) 05 March 2013
First of all you should wait for the submission of the charge-sheet by police then you move the desired application/petition.

Guest (Querist) 05 March 2013
ChargeSheet is in court.

Raj Kumar Makkad (Expert) 05 March 2013
Then this is the best opportunity to file the desired petition if your lawyer thinks it to file in the light of given facts of the case.

Guest (Querist) 06 March 2013
Once discharge done , Can wife file another 498a from different place?

Devajyoti Barman (Expert) 06 March 2013
No, she can not file another one.

prabhakar singh (Expert) 06 March 2013
Yes! Mr. Barman is right.She can not file it again & again.

Raj Kumar Makkad (Expert) 06 March 2013
Once an accused gets discharged from the allegations, the complainant cannot file the case on those allegations but if fresh cause of action accrues to her, she can definitely file subsequent case under same sections.

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