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dns (mo)     16 June 2015

Cross before charge framing 498a .406.34

To ,the LD lawyers 

in my 498a /406 case charges are to be framed .I want to know that whether i can cross examine the witnesses before charge framing ?if yes with what clause or precident judgment 




 3 Replies

adv.raghavan (Advocate,9444674980)     16 June 2015

U have to wait for your turn,not possible at the moment.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 June 2015

The same depends on thr nature of the trial. The said offences are warrant trial cases. Therefore in case the case has been instituted upon a private complaint by the opposite party, then in thgat case you can cross examine the witnesses prior to framing of the charge by invoking the provisions of section 244 and 245 of the Crpc. However that is not a matter of right and you have to convince the court to exercise that discretion in your favour using certain essential judgements.It all depends on the city where the case is pending. The general trend over there needs to be observed.

In case the case has ben instituted upon a police report, then you have no option but to cross examine them after the charge has been framed . But you may argue on the point of charge and have yourself dischraged.


Good luck


1 Like

Neo   23 October 2015

under section 239 of crpc you can file a discharge petition and there are lot of judgements in which the people have been discharge of such sections 498a 406 34

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