karthik 28 October 2015
Neo 28 October 2015
kunal 29 October 2015
What after 498a Chargesheet is filed
What after chargesheet (final report) by police ?
Chargesheet is filed u/s.238 Cr.P.C.
Immediately accused have an opportunity to challenge the
from of submitting 'Discharge Application' u/s.239 Cr.P.C.
This opportunity if lost, has no side effect whatsoever.
However 'Revision' lies at Session Court u/s.397 Cr.P.C.
Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for
'quesh' u/s. 482 Cr.P.C.
Even if apeal is lost, remedy lies with Supreme Court under
Article 32 of
Constitution. Even if all these opportunities are lost, there is
no side effect whatsoever of these remedies.
But it MUST BE REMEMBERED AND KEPT IN MIND that
'Discharge Application' has
very limited area to play. You have to prepare your 'Discharge
on the basis of :-
1] Only all the documents accused received with chargesheet ;
2] Any document which police have in their possession [may be
accused at the time of bail application at court or made some
to police attaching some documents] but not submitted with
make case of accused weak and case of
Accused simply cannot rely upon any other document or
'Discharge Application'. Then when other evidence will help ?
Answer is in
As soon as Chargesheet is filed and accused decide to file
Application' then he has to follow the following steps :
1] Make application as advised above. You have to state
discharge and show that no 'prima facie' case is made out.
2] This application need not be submitted on the date given for
It can be submitted on any day. Some courts have their own
handling it. In some court, a 'MISC' (miscellaneous) case
number is given
and heard separately with separate set of hearing dates. In some
is heard under the same number of chargesheet case (Criminal
Case : C.C.
No.). But under any method, the main 498A case is stopped till
Application' is not disposed off.
3] One copy of 'Discharge Application' is given to PP in court at
of filing original application for discharge in court. Court writes
on discharge application - 'PP to say'.
4] Now PP has to submit his say and he makes all drama of not
Here accused can submit 'Pursis' to court on each and every
date about 'PP'
not submitting his/her say. Accused can make application to
court that 'PP'
has nothing to say and therefore not submitting his/her say and
proceeding may please be continued without his/her say.
Accused should not
care for outcome of these exercise, but continuous pressure
should be built
on PP to give his/her say. Please note, without his/her say,
not move at all and therefore it is very essential to build a
pressure which normally advocates don't do.
5] After PP's say, accused has to make arguments. Accused can
'written argument' (with a copy to PP) and also make oral
6] Then PP has to make his/her argument. Again he may ask for
for his/her argument and accused has to repeat pressure
Unless PP makes argument, matter will not proceed further. But
remain in abeyance (on hold).
7] Then proceeding is completed. Magistrate gives order on
application - either acquittal OR dismissal of application.
8] Hereafter accused may choose either to go to 'Revision' or
ahead. Then charges are framed u/s.240 Cr.P.C. which accused
fighting that how charges are not applicable. But no advocate
this. So in this manner accused get 2 opportunities. But due to
9] In my opinion, trial is the BEST way if accused have no good
charge-sheet or with police which is held back by them.
If 'Informant' has no proof for any allegation, then mere denial
to accusations, gives acquittal due to 'benefit of doubt'.
kunal 29 October 2015
karthik 29 October 2015
Kunal Sir, Thank You for your reply.
Sir Kindly Advise on below issue?
Police keeps calling and talking in abusing words, Asking to come to my wife home town and settle the matter in front of police? How Can Police involve/Settle the matter in the police station, If the issues are running in the Court. Please advise what actions can i take on police, If they keep abusing with Volgure words on me and my family? We are in very much frustrated sir....Please advise on this matter?
kunal 30 October 2015
Gyan prakash has advised well. Please follow. Police cannot harass you like this. Its a duty of police to protect everybody and they cannot abuse you and your family. Agar likhna padna jante ho to police wale tumhare ghar aake tumhe namaste karenge.