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rajiv rajan (rr)     05 April 2012

For discharge

Dear Sir,

Three Accused (304B and 498A) Case in UP.

1. Husband 2. Brother 3. Mother.

Husband and Brother is in Regular Bail given by Session Judge and mother is interim bail from last 3 months.

Bail is Pending due bail cancellation application is filed against Husband and Brother.

Charge Sheet of all the Person is submitted by Police.

Charge is yet not framed by session court because case file still in CJM Court. No summon is issued or no date for hearing. 

Should is Quash the Charge Sheet for Mother and Brother or go for discharge or wait till charege is framed.



Learning

 14 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 April 2012

Quash , discharge is not easy. Contest the case on merits.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 April 2012

Nothing can be said without going into the detailed nuances of the matter. the role attributed to them under the FIR etc. Quashing/Discharge both available to you. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

Nothing can be said w/o reading the FIR.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

PARTHA P BORBORA (advocate)     06 April 2012

Quash is not a easy matter. It will be decided purely on merit. So pl consult with a local lawyer along with the certified copies of the case record available. The easy way is to face the trial and argue for discharge at the time of framing of charge. It will also decided purely on merit. Framing of charge not necessarily mean that u will be convicted, u may be aquited too. Don't be panic. Appoint a local criminal lawyer first.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 April 2012

Dear Rajiv Ranjan if you have some strong proof to discharge, you can file an application for discharge under section 245 Cr.P.C. 245. When accused shall be discharged. (1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless. feel free to call

rajiv rajan (rr)     07 April 2012

Discharge application will be filed in session court or HC.

vishal kapur (Criminal Lawyer)     07 April 2012

There is nothing like discharge application as per my knowledge. Your lawyer has to argue on charge and if the court feels that the charge is not primafacie made out against accused persons they will be discharged.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Discharge petition has to be filed in the court, which is going to frame charges.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nitin (Manager)     16 April 2012

can we file for discharge before the case is filed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

No.

 

Nitin,

 

Please start your own thread and ask all relevant questions there. Don't spam others threads.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

rajiv rajan (rr)     16 April 2012

Sir go through the FIR only one line is mentioned in FIR against my mother and brtherother giving harassment to my wife . my mother and brother is staying in MP as brother is  working in MP. Me and wife is in UP. brother and mother  never come to UP. 

In Section 304 B  1[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

 

In FIR also not mentined that any soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

As earlier explain Brother amd Mother never visit UP. This also mentioned in Charge Sheet by police.

 

Kindly can I go for quashing the Charge sheet for my mother and brother

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

I doubt on such serious crime quashing would be accepted. However, you can try your luck.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Nitin (Manager)     13 May 2012

Sorry Shonee Sir,

 

And thanks for all the advise you gave me in person.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

Never mention

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