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Munirathnam (Scientist)     21 April 2010

PP is delaying to file counter for petition U/s 239 CrPC



I filed discharge petition U/s 239 CrPC in 498A case.

I have served notice to PP. Sine two hearings PP did not file counter. How to make him to file counter.


Please provide the law provision to force the PP to file counter.


 8 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     21 April 2010

Issue a show cause notice to him through the concerned court .....

Munirathnam (Scientist)     21 April 2010

Hi Dharmesh, How to pray court to issue show cause notice to PP. Should I file a petition ot application or Memo ? Under which section?

Dharmesh Manjeshwar (Advocate/Lawyer)     21 April 2010

Make an application before the concerned court mentioning facts about the date on which discharge application was filed by you and why till date the PP has not filed any counter .......

By the way has the charge been framed against you by the concerned court ?

Munirathnam (Scientist)     21 April 2010

Hi Dharmesh,

No charges are feramed on me ....


I received charge sheet through RTI Act fom police and filed the discharge......


Mr.Munirathnam, you have gone away from the legal track in getting the Chargesheet copy. When the chargesheet is not filed by the police in the court and before the court issues the same to you after taking cognizance of the same and before numbering it, the filing of a discharge petition by itself is illegal. Chargesheet got by you under RTI Act may be treated as an information to you and you cannot act upon it, unless the court accepts the chargesheet filed by the I.O. with counter-signed by the P.P. and decides that there is a prima facie case and to proceed against you ; issue summons to you calling you to receive the chargesheet. I think you have not taken guidance of a lawyer who knows Criminal Procedure Code well. Hence don't unnecessarily blame the P.P. for his non-filing of the counter to your discharge petition, which has no legal basis. I also wonder how your discharge petition was numbered by the court at such a premature stage (!). My comments are purely based upon your query and if your query is not complete or perfect with particulars, pl reform your query with relevant details and with correct/factual position.

Munirathnam (Scientist)     22 April 2010

Hi gurunarayana rao



Police filed the charge sheet in court and also CC number is given to it. But court is taking time to give charge sheet to me.... mean while I received charge sheet via RTI from police.  In my case after police filed the charge shgeet court took almost 3 months time to give CC number.



Last week even I received certified copies from court after filing certified copies. In my RTI application I asked police whether court took cognizance or not.. police replied saying court already took cognizance.



Even I asked police commissioner to withdraw the complaint being it is false based on the documentary evidences (list is submitted to police). Police never visited crime place (Bangalore) and investigated the crime at Hyderabad where wife and husband never lived as per charge sheet.


Now you can assume what police did in this case....

valentine (Advocate)     25 April 2010

Dear Mr. Rao,

Very good commentary on the procedure of a police case. Novices in the courts do face problems in understanding the procedural aspect of the case. Since you are well-versed with the criminal procedure, it would be a great service to the novices entering the legal field if you give analysis police and non-police cases with full procedure of different stages in the criminal side.  

S.B.adil rahman (Legal Consultant )     01 May 2010

When the Charge sheet has been filed, you will get a chance to convince the court at the time of framing of charges. I do not think that the court will discharge you simply on filing the discharge petition. The best option is to go for quashing if the materials so suggested and you are likely to  get the trial stayed by High Court. The other option is to face the trial. Regarding the purfunctory investigation you can take up the I.O under section 218/182 IPC and proceed. What is the comment of Police in C/Sheet about the accused? has he been shown an absconder? Is he on bail? If not arrested or on bail, first let him seek bail and then proceed.

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