When to file discharge petition

Sundram N (Querist) 17 July 2013 This query is : Resolved

Dear Sir,

Final charge sheet in 498a case is submitted by IO in which , i found no any allegation against any accused are made as charge sheet is based only on statement of wife and witness of nearest loved ones of wife. no any evidence is found and submitted by wife. The main allegations is made false in diary by IO. my anticipatory bail is in pending in last 11 months before session court.

Sir, kindly suggest when discharge petition is to be filed and it will give benefit as i have all proper evidence to make false of all the alegatios in 498a.if discharge petition is filed then my bail is required to get ?

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Ajay Bansal (Expert) 17 July 2013
At the stage of charge, law is against you. See judgement of full bench of supreme court,passed in matter 'State of Maharasstra v/s Somnath Thapa, reported in all most all journals of 1996. So don't contest charge, but go towards final decision of case, which could be go in your favor.