Regarding removal of name

vinay Singh (Querist) 25 November 2020 This query is : Resolved
Sir i want to file discharge petition for 498a case in trial court during framing of charges . So i want to know whether the opposite party advocate will agrue during framing of charges or not?

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This discussion addresses filing a discharge petition for a 498a case before charges are framed. It clarifies that the opposing advocate may argue during this stage, and the court will consider the prosecution's arguments and case records. Discharge petitions are typically granted only in exceptional circumstances where the evidence does not support the alleged offence.

Isaac Gabriel (Expert) 26 November 2020
Consult your councel. It depends on the nature of evidemces adduced.

K Rajasekharan (Expert) 26 November 2020
In discharge proceedings, the court is bound to hear the arguments of the prosecution and consider the records of the case including the documents submitted as well.

Rajendra K Goyal (Expert) 26 November 2020
Repeated query:

https://www.lawyersclubindia.com/experts/regarding-removal-of-name-724581.asp

P. Venu (Expert) 27 November 2020
An accused can move a discharge petition in the trial court or a quash petition in the High Court. However, such petitions are allowed in only in exceptional cases, where the charge report, taken as a whole and accepted at their entirety, does not disclosed the offence as alleged.

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