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Raghu (professional)     09 August 2009

Discharge in 498A Case

HI..

Police submitted the chargesheet to the court and the charges are yet to be framed. The chargesheet filed by police didn't have any any evidences or depositions...

At this stage if I file discharge petition will there be any use??

Raghy

 

 



Learning

 11 Replies

Legal Fighter (Advocate)     10 August 2009

no issue. u can file discharge petition at this time.

kranthi kiran (Works In Judicial Department)     10 August 2009

If u strongly feel that, nothing is deposed in the statments or complaint, so as to attract 498-A, you definetely will  have a chance in succeding the quash/discharge petition.

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     10 August 2009

In warrant trial cases court has to here the accused before framing the charges and after hearing the accused and the prosecution if the magistrate finds that the charge is groundless than he can discharge the accused under sections 239 of Cr.P.C.

2 Like

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     10 August 2009

Case relating to Sec. 498A IPC is warrant trial case.

Raghu (professional)     10 August 2009

Hi..

Thanks for the replies..

Except the complainant and her father's statements, noone else deposed/given statements in the case to police.. But the complaint is drafted by an advocated and fabricated to attract 498A. Please suggest me whether I can go with discharge or not?

Also If I file for exemption of appearance before the court(apprear only if there is absolute necessary) will I succed??

Raghu

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     11 August 2009

For framing charges magistrate has to see whether primafacie there is material available or not. If the police statement of complainant and her father support the the advocated drafted complaint and the ingradients of section 498A of IPC exists then charge may be framed but you should argue for charge that ingradients of sec. 498 A of IPC are absent.

     So far exemption is concern you can file application for permanent exemption under section 205 of Cr.P.C. before the court. Court can exempt for personal attendance.

VIPIN SHARMA, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001. Mob. 9610000043

Raghu (professional)     23 August 2009

Hi...

Could you please suggest some successful discharge petition judgements in 498a cases.

Raghu

 

premkumarnallari (technical officer)     15 September 2009

Thank you Mr.Deepak and Mr.kamal for replying to my query on marriage annulment.My son-in-law has clearly told one of his friends that he has no plans to return to India.His family has shifted from thier own house to a rented accomodation anticipating some problem from me and my family.I know that where they are staying.If I go to their house for any meeting regarding this problem.Will they book any criminal case against me.I am worried because I am a govt. servant and will be retiring in a few years.

What step should I take,pls.advise

with warm regards

premkumar

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Saifullah.C (Advocate,Chennai)     15 September 2009

Mr.Raghu. You can file a discharge petiton provided before framing of Charge  proper precaution should be taken the factual matrix of the case and the legal nuances involved should be gone to length and breath beacuse it is almost like standing on the tip of a knife the petiton has to drafted intelligently and meticulosly should not give any room for the prosecution to avail the benefit in the trial (if pettion is dismissed)   your lawyer should do extensive work so much so  the pettion  leada to a grave suspicion about the case in the mind of the judge which blocks him all the avenues to frame any charge and  proceed the accused with trial.Wish you all the best.

Raghu (professional)     15 September 2009

Dear Saifullah sir,

Thanks for the reply.

One more fact is,  I got ex-parte divorce decree on the grounds of Adultery,Cruelty,Desertion, one year back and still she has  not applied for setaside even though she has got knowledge on this.

Will this be helpful in discharge? Shall I mention this in the petition? Could you please provide any good draft petition for discharge?

Raghu 

Saifullah.C (Advocate,Chennai)     16 September 2009

Well,  I reiterate my opinion as mentioned earlier  the discharge petition  has to be drafted only  by your Advocate and by no one else.  Do not waste your  time prepare it and file the  discharge pettion beore the learned Judge frames charge aginst you. Once the charge is framed nothing can be done except you have to face the trial .


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