Vijay Bhaskar (Law student) 21 July 2023

498a discharge petition

Namaste,

May I please ask if it is possible to file discharge for 498a before Hon'ble trial court though advocate for absconding accused living abroad with long pending non bailable warrant without physically appearing before the trial court.

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10 Replies

Dr. J C Vashista (Advocate ) 21 July 2023

When the trial court has taken cognizance and framed charges only after that NBWs have been issued against accused, which could not be executed. In such circumstances the Trial court will not discharge the accused.

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Vijay Bhaskar (Law student) 21 July 2023

Thank you Sir, Can I please ask if Discharge petition can be filed at Session court instead of High court.

Advocate Bhartesh goyal (advocate) 21 July 2023

No,discharge petition can only be filed before trial court.

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T. Kalaiselvan, Advocate (Advocate) 21 July 2023

Instead of filing discharge petition before the trial court, if the accused is having good grounds to defend and feels he would be absolved then he can approach high court with a quash petition under section 482 cr.p.c. to quash the case.

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Vijay Bhaskar (Law student) 23 July 2023

I thank the Advocate here for the responses. I am grateful for your replies.

T. Kalaiselvan, Advocate (Advocate) 23 July 2023

You are welcome for your appreciations

P. Venu (Advocate) 25 July 2023

What are the grounds on which the accused is seeking discharge?

Vijay Bhaskar (Law student) 27 July 2023

Namaste Sir, on grounds that already other family members are already acquitted in the same case after trial and learned Judge has written very favourably even for the accused but did not acquit/dismiss the accused due to his absence.