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Dibyakanti Modak   24 January 2022

discharge application

Respected Members,

accused people have received chargesheet from Court and now waiting for the next for charge framing u/s 498A.

now after going through the chargesheet it has been seen that no 161 statement of the witnesses, no documentory evidence are present. Also I.O. did not provide any single word to establish a case for 498A.

my question is -
1. Is it possible to move discharge application as a Put up before the charge farme date or should move the application on the date of charge frame date?


 3 Replies

Advocate Bhartesh goyal (advocate)     24 January 2022

You need not to move any application for discharge ,bring all the facts in cours notice when arguments on charge is heared, court will take judicial notice and pass appropriate order.

Aryan Raj   24 January 2022

Dear Dibyakanti,

Under Section 161 of the Cr. P.C., any police officer conducting an inquiry is authorised and empowered to question orally any individual who is presumed to be familiar with the facts and circumstances of the case, as well as to record witness statements.

As the statement wasn't recorded and also there aren't enough evidence to establish a case of 498A. I don't think you need to move the case just wait for the judge to make notice of it and make a proper judgment. 

Regards,

Aryan Raj 

Adv. Mohit Chahal (Advocate)     24 January 2022

Dear Dibyakanti

Your next date of hearing is for the purpose of consideration of charges. The Court will decide whether to discharge the accused or frame charges against accused. You may file discharge application on next date and oral arguments will also suffice on consideration of charges. The Court may discharge the accused from all or any of charges mentioned in chargesheet.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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