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(Guest)

Discharge petition

When to submit discharge petition? in 498a case.

 

 



 5 Replies

FightForCause (Businessman)     07 April 2015

Before the charges are framed.

adv. rajeev ( rajoo ) (practicing advocate)     07 April 2015

If  sec. 498A does not attract then agter filing charge sheet you can file discharge appliction.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Again a new query my friend


(Guest)

Hi FightForCause

could u please elaborate.

can i file the discharge petition before charges framed? i cant file after that? i been called for examination .

 

HI adv. rajeev ( rajoo )

allegations are vague and not reliable statements. full of contradictions

FightForCause (Businessman)     08 April 2015

Hi Author,

As far as I know discharge you can opt before the charges are framed, if Prima facie no case is formed looking at the allegations.

Once charges framed , the trial has to run and u need to get aquitted, but after cross if you provide evidences that its a false case then also judge will go for aquittal, ur discharge application willl not hold good.

I also feel getting aquitted in a case is better than getting discharged. Also in Discharge application only CS is taken into account, no evidences can be produced in front of Court.


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