Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ashish Dwivedi   19 April 2019

Discharge in 498a

Hi,
in my case , oppostie Party imposed 307 with 498a with total 7 family members. Matter related to Kanpur. U.P.

1) Police first investigated and removed 307 and also removed name of 4 people.
2) under "Further Investigation" , Police repeated same charges with more evidence of falsifying 307.
3) In 482, High court Quashed 2 more names ie parent names called whole case to "Simple and Vague" and just matrimonial discord.

4) HC also directed me file Discharge in 2 weeks.
Now my quesiton is , does lower court has power to discharge? if yes, what should be best plan.



Learning

 10 Replies

Ashish Dwivedi   19 April 2019

Please reply , it is urgent.

Ashish   19 April 2019

HC mentioned to me. Rest quashed. Husband no relief

Ashish   19 April 2019

HC mentioned to me. Rest quashed. Husband no relief

Kapil Chandna (Lawyer at Supreme Court of India)     19 April 2019

Sir,

 

HC meant that you should focus on discharge at the Lower Court (which means you should argue at charge framing stage).

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

Krishna Reddy (Advocate)     23 April 2019

lower court has power to discharge accused. u have to file application u/s 239 crpc for discharge.

Ashish Dwivedi   23 April 2019

307 was only in FIR , not in charge sheet. 

First investigation Police removed 307 and 4 peoples.

Second investigation , repeated charge Sheet.

HC in 482 , quashed parents name. so now only I am accused with 498a. However in HC 482 order , HC wrote that i should go for discharge

Ashish Dwivedi   23 April 2019

In same charges other 6 people removed from trial. 4 from Police and 2 from HC.

What would be best strategy to fight?

Ashish Dwivedi   23 April 2019

Problem lower court does not give Discharge usually...

Ashish Dwivedi   23 April 2019

so who will discharge , Session / HC or Supreme court?

Ashish Dwivedi   24 April 2019

I have engaged local court lawyer. They all said same story "Discharge is historic decision , generally not possible." However in my case there are serious facts for discharge , not getting a correct strategy.


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