Discharge petition u/s 239 crpc is correct way to draft

GANGAM.RAJENDER. (Querist) 03 December 2013 This query is : Resolved
THIS IS THE CASE OF 498A,506 OF IPC AND DP ACT SEC 4
I.A NO. OF 2013
IN
CC. NO xxx OF 2013
Between:
xxxx w/oyyy . applicant/Accused-2.
AND
1. The state of A.P , REP by SHO,
2. xxxx w/o yyyyy respondents/complainant

APPLICATION FILED UNDER SECTION 239 OF Cr.P.C
The address for service of all notice and process on the above named applicant/accused-2 is: xxxx w/oyyy , Age 50 years,Occu: House wife R/o xxxx DIST.

GROUNDS
1. Humbly submits that i am the applicant and is the Accused-2 in cc.noxx of 2013 on the file of this Hon’ble court. I further submit that the charge-sheet filed by the Respondent no.1 and the proceedings in cc.no.xxx of 2013 on the file of this Hon’ble court is abusing the process of law by not complying with the criminal procedure code and applicant is liable to be discharged from the case. Respondent no.2 in this petition is defacto complainant in cc.no.xxx of 2013.
Details are as follows:
a. As per the charge sheet alleged allegations have taken place at xxx village of yyy mandal,which falls in the limits of this PS and with in the territorial jurisdiction of this Hon’ble court.
b. Respondent no.1 failed to investigate the complaint at the alleged allegations taken place i.e shifted house at xxx.police did not even visit the crime place i.e shifted house at xxx ,single time and completed the investigation and not collected the neighbour’s witnesses and documentary evidences regarding this offence at shifted house at xxx ,yyy village of xxx mandal and filed charge sheet in this Hon’ble court.
c. Absolutely no evidence is available for allegations either in complaint or in charge sheet against the applicant and applicant is liable to be discharged from the case under section 239 of Cr.P.C.
COMPLAINT AND CHARGE SHEET ALLEGED ALLEGATIONS AND NO EVIDENCE IS AVAILABLE.
2.a).The complainant admitted in the complaint that at the time of marriage, as per the demand of her husband and mother-in-law ,her parents had given Rs 1,80,000 /-(including vechicle and gold articles) to him towards dowry.
b). And in the complaint alleged allegation is that her mother-in-law applicant/accused2 instigated her husband with fabricated words and harassed her physically and mentally for demanding to bring the additional dowry an amount of Rs 5 (five lakhs) lakhs from her parents,otherwise she would went out herself from the house and also subjected her in cruel nature by confining in the room .At last they sent out her from the house by threatening to kill her.
c). As per the charge sheet LW-8/ investigating officer examined the witnesses i.e LW’s 5 to 7 who are the neighbours of LW-1 ,they revealed that after marriage,the LW-1 is leading marital life with accused-1(A1) in jagtial for 8 (eight months) months only, on that they were shifting to xxx and residing at there.
d).According to charge sheet investigating officer established that the accused A1 was also harassed the LW-1 physically and mentally for demand to bring the additional dowry an amount of Rs 5/-(five lakhs) lakhs from her parents house, otherwise he would perform second marriage by killing her and he was also abused her in filthy language, otherwise she would went out herself from the house and also subjected her in cruel nature by confining in the room. At last A1 and A2 sent out the LW-1 from the house by threatening to kill her.

e). Alleged allegations as per the complaint and charge sheet is that the defacto complainant has been confined in the room three days prior to complaint Dt: 02/04/2013 ,which are vegue allegations and which was not properly investigated by the investigating officer and not collected the documentary evidences and neighbour’s witnesses regarding the confinement.
f). As the applicant/accused-2 (A2) has not been lived together with the complainant and accused-1 (A1) ,and not involved in the alleged confinement and demand of additional dowry .
3.a). There is no cruelty and harassment of defacto complainant and coercing her to any unlawful demand for any property or valuable security or any person related to her to meet such demand. the defacto complainant made all vegue allegations(not specific allegations) in the complaint against the applicant/accused-2(A2) in the complaint.

b). And complainant(govt employee) and also investing officer has not submitted any documentary evidences regarding additional dowry demand and continuation of cruelty against the applicant/accused-2(A2).
c). And all the alleged allegations in the complaint and also charge sheet are false and groundless against the applicant/accused-2 (A2) .
Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:-
i).pass an order of discharge of applicant (A2) in the proceedings cc.no.XXX of 2013 on the file of this Hon’ble court.
ii).pass such other order or further orders as this Hon’ble court deems fit and proper in the particular facts and circumstances of this case.
Q1.IF ANY MODIFICATIONS AND PROCEDURAL CORRECTIONS PLS GIVE ME SUGGESTIONS SIR
q2.will the accused aquitted from the above facts.
THANK YOU SIR

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