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harrassed   13 March 2016

Discharge of 498a

Respected Sir/Madam,

I have the following doubt regarding the 498A that my wife has filed against me and my parents.

Facts

  • 498A filed in 2014.
  • Chargesheet has  been filed by Apr/May 2015.
  • Parents name has been left out from the chargesheet
  • Chargesheet mentions no offence about the dowry harrassment 
  • Case is in magistrate court (framin stage in 10 days)
  • Filed 482 CRpC in High Court and the result is as follows
    • Petitioner can bring the merits during the framing of charge in magistrate court and seek necessary quash/discharge
    • Stay of this case is not maintainable

Question

  • I see that CRPC 239 and CRPC 245, can be used to discharge the petitioner given that there are no prima facie in ht case put up.
  • Can I file the petition for CRPC 239/245 in front of the magistrate before framing the charge? 
  • Given the above facts, what special precaution do I need to take care to get this in favor or me? 

Thanks in advance.

 



Learning

 2 Replies

harrassed   14 March 2016

Thanks sir for the response. How about 239 CRPC then.

 

Thanks in advance.

harrassed   14 March 2016

Ok. Thanks a lot sir...


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