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jagpal Singh (xyz)     07 November 2012

Urgent - please reply

Hi Learned Members

I understand that charges are framed on the basis of charge sheet and statements u/s 161. We all know that FIR is registered merely on the statement of the complainant wife and her family members u/s 498a

I have some doubts and need to clarify my thoughts on the below pointers:

1. Does not the court look for the material evidences outside the charge sheet and statements u/s 161 from the complainant side whilst framing the charges on the accused as these are statements/ claims stated in charge sheet and statements u/s 161 only?

for example complainant has alleged cruelty in the FIR but there is no any documentary evidence in the charge sheet such as a letter/email to her family members/relatives that she was harassed/ tortured by accused or in-laws to claim her support. How does the court develop its sight in framing the charge on the allegation of cruelty from the complainant side? Because the accused can't submit his defense documents to nail and prove the allegation wrong at the time of framing the charges. How can the accused encounter and take a defense that case can't be made out?. Can the accused or his lawyer take objections and argue when the accused knows that neither he or nor his parents are guilty

2. Is it a good idea that the accused should go for discharge u/s 239 at the time of framing the charges : Old Parents and himself or Old parents only? Is it true "Courts generally do not leave the accused husband easily in 498a case, no matter how strong the evidences are".  What is the best bet here?

3. Can you please write me some citations of landmark judgments where specifically old parents are discharged at the time of framing the charges by the Trial Court itself.


Regards


Learning

 3 Replies

Gopikrishna Kalyanam (Lawyer)     07 November 2012

Dear Jagpal Singh,

Greetings. As for 1. Disproving the charge and proving innocence is a matter for trial. If the charge itself is presumptory, then you can definitely go for discharge/quash.

As for 2.Old parents can definitely go in for discharge if there is no material evidence against them. as for the statement that husbands are not let off easily, there is no such hard and fast rule.

Best wishes

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 November 2012

Discharge and Quash can happen on legal grounds only. The same can be ascertained by your lawyer after seeing the FIR and CS.

 

Regards,

 

Shonee Kapoor

 

1 Like

jagpal Singh (xyz)     07 November 2012

 

Thanks but can some one please write me some citations of landmark judgments where specifically old parents are discharged at the time of framing the charges by the Trial Court itself.

 

I shall be highly obliged for this act of kindness.


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