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498a discharge petition 239 pending - few questions

Dear Sir/Madam,

Discharge petition under sec 239 is pending in lower court. PP is not filing the counter yet for last 3 months. i have told my lawer if discharge petition is not considered, then i will move to the HC for quash, before framing charges. Now i am worried on few things:

1. How long the discharge petition could go on like this? what is the sequence in discharge petition? will they call half baked criminal wife for cross during discharge petition?

2. how does the judge evaluate key points in discharge petition versus FIR/Chargesheet & counter from PP? do they really evaluate or sake of process which leading to dismissal anyway?

3. During this entire discharge petion process - should all accused appear in the court at any stage of the case for cross or evidences?

4. Anyone reading the discharge petion would know that, it is definitely forgery case, as she has not lived with my parents, and separated from me 3 years back. the prime facie she has put is incidents happening last two years. i have evidences that she left home 3 years back. but, it is very sad to hear that this can be proven only during trial. is there any other option otherwise - like moving to high court or even supreme court - to demonstrate contradiction in statements and actuals?

5. what is the key consideration that i should look for requesting high court for speedy trial with in 6 months? like currently living 600kms away, parents are old age...what other grounds can be given?

Thank you all.


 6 Replies

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     15 March 2016

Mail me the discharge petition that you have filed in the lower court and counter must be filed with in 90 days according to law. In criminal cases teritorial jurisdiction plays a vital role mail me the case details so that i can hale a glare and suggest you what next shreshta.advocate@gmail.com


Dr J C Vashista (Advocate)     16 March 2016

Do you have faith in your lawyer? If yes, did you discuss the issue with your lawyer, if so, what is his/her opinion/advise?

If no, change your lawyer immediately.


sir, the lawyer is saying, PP is doing favour to us by not filing the counter.


@Shresta madam:

jurisdiction may not apply in my case, as they have narrated a dramatic story as if it happened in same town only. if you could help me filing a case on retriving my phone records, it would be great of great help madam. no lawyer is unwilling to file the case for this, which will dissolve her false allegations, that she has been living in different town.


SIM card was purchased in my name, and i have been paying the bills. so, it does not require any approval from anyone, but service provider is saying, he will provide only if court asks to do so.

ramesh samudrala   16 March 2016

i too have some query in this regard ......... . actually marrige not took place but girl filed 498-a with.  discharge petition filed ..pp took two years for filing counter.. on the other hand there is proofs which are part of evidence in other courts where in girl stated that she is un married and till did not got marriage and on the other hand she lodged a complaint on one other guy under section 354 stating that he tried to outrage her modesty and also alleged in the said complaint that she is un married and in the said complaint ( in HRC proceedings filed against the police officer alleging that the police not taking action on the accused in 354) the victim(accused in the 498-a ) given affidavit stating that the the girl is un married.. but where as in 498-a she is claiming marriage prior long years to the date of loding complaint under 354 on other person..  at this state can the accused can file docuemnts in discharge petition such as police complaint and other HRC proceedings in 498-a discharge petition hereing stage?

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