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chanakyam (Consultant)     16 October 2010

Disharge under 239 crpc of 498a

Hello experts,

When a person applies for a discharge of 498a case under sec 239 crpc, which allegations we should consider for discharging? whether we should challenge FIR or Charge-sheet or both.

Please throw some light on this.



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 6 Replies

chanakyam (Consultant)     16 October 2010

Dear Advocate friends on this forum,

Can anyone through light on this discharge under 239 crpc.  Anyone successfuly dealt earlier?

I thinking discharge would be better option before framing the charges in trial court, as there is no prima facie evidence on record to adduce the alleged offence.  All the allegations are vague in nature in FIR and the same have been copied into Chargesheet excpet 1 or 2 points.

So, can anyone clarify me whether to challenge on FIR allegations or chargesheet or both?

Thanks, Satish

adv. rajeev ( rajoo ) (practicing advocate)     17 October 2010

It is to be looked into whether the ingredients of the section is there are not?  On the basis of it you will have to file discharge application before framing the charges.  If not discharged then approach the highcourt.

chanakyam (Consultant)     17 October 2010

Hello Rajive sir,

My question is, while challenging under crpc239, which ingradients i should consider, whether ingradients of FIR or Chargeshet?

chanakyam (Consultant)     17 October 2010

Can we also file discharge while the trial is proceeding??

chanakyam (Consultant)     19 October 2010

If suppose there are 6 accused persons in a single discharge petition, can the judge discharge only 4 people if he thinks fit and for remaining 2 can he start the trial? or he will dismiss total petition as he feels 2 people cant be discharged?  Or is it a better idea to put seperate discharge petitions for each person.

You valuable suggestions appreciated.

is kakar (Mr.)     27 June 2011

Yes he can. discharge is as per S. 227. Also see the following judgement: https://498amisuse.wordpress.com/2010/09/22/landmark-judgement-sc-scope-of-discharge-under-crpc-2227/ Hope it helps!

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