chanakyam (Consultant) 14 October 2010
Hello experts,
My 498a proceedings are going in lower(Metropolitan Megistrate) court. in this month ending, examination of accused is there(starting stage of trial).
Can I file Discharge petition under section 239 crpc at the stage of examination?
Can I file Even during the stage of trial also?
If the discharge petition allowed, then the proceedings of 498a will stopped until this discharge petition disposed off?
Please provide your inputs ....Thanks in advance.
Legal Fighter (Advocate) 14 October 2010
how can there be examination of accused at the initial stage of the trial? magistrate can discharge at any stage of trial. file discharge only if u have enough grounds for the same.
chanakyam (Consultant) 14 October 2010
Hello Legal Fighter,
Before the trial starts, judge will ask the accused whether they agree for the charges framed (this is nothing but examination). When the accused deny that, then the trial procedure will start right.
chanakyam (Consultant) 14 October 2010
@Legal figher and others
There are no material evidences they filed in 498a, all the allegations are vague in nature. In simple words they alleged that.. our family members demanded dowry and said harassed physically and mentally. There is no time, no place specified in allegations.
I am just thinking, whether to go for Quash under section 482 in HC or just go ahead with discharge?
Once the trial starts in trial court, can we also go for quash? I am in a dilemma whether to go for discharge or quash..
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