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Author Topic: when to file for 498a Discharge?  (Read 10135 times)

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Offline advuma

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when to file for 498a Discharge?
« on: June 29, 2013, 08:37:36 PM »
498a Discharge application can be filed at any stage of the proceedings as par  Section 245 of CrPC, It can also be filed Before framing of charges under Section 239 of CrPC.

Discharge application can be prepared with the documents received  along with charge sheet and any other documents that police have in their possession which could make the case strong for the accused may also be presented

keep in mind the following points while filing for 498a Discharge application:
# Your application should state Grounds for discharge and show that no prima facie case is made out.

# The application can be submitted on any day not necessarily the date given for 498A case.  Sometimes, a Miscellaneous case number is given and heard separately with separate set of hearing dates. while in most often, it is heard under the same number of charge sheet case Criminal Case : C.C. No.. But under any method, the main 498A case is stopped till 'Discharge Application' is not disposed off.
« Last Edit: June 29, 2013, 08:46:23 PM by advuma »
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Hi, I am advocate Uma Saika, from Assam

Offline advuma

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Re: when to file for 498a Discharge?
« Reply #1 on: June 29, 2013, 09:30:48 PM »
# A Copy of the Discharge Application is given to PP in court at the time of filing original application for discharge in court

# PP than is asked to submit is statement, but in most cases the PP delays his submission, very time the PP takes a date the accused should submit 'Pursis' to court, and make an application that PP has nothing to state and therefore not submitting his/her say and therefore, proceeding may please be continued without his/her say. a continued Pressure should be Built on PP to submit his statement, as without his statement the matter will NOt move at all, It is the duty of your lawyer to build that pressure

# Finally when the PP has made the statement, you will have to make an argument, You can submit both 'written argument' and oral submission, give  a copy to PP.

Than PP will have to prepare his Argument for which he will ask for date, again your lawyer has to maintain pressure to on PP for his argument, all these while your 498A will remain in on hold.

# Finally the proceeding is completed. Magistrate gives order on discharge application either acquittal OR dismissal of application.

# Hereafter accused may choose either to go to 'Revision' or forget going ahead. Then charges are framed u/s.240 Cr.P.C. which accused shall contest that how charges are not applicable. But advocate's don't fight for this. So in this manner accused get 2 opportunities. But due to this, trial is delayed.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline advgaurav.sharma

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Re: when to file for 498a Discharge?
« Reply #2 on: December 29, 2013, 12:16:31 AM »
This is an excellent post so well written advuma
Advocate Gaurav is a specialist in Trademark laws

Offline gayatripanchal

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Re: when to file for 498a Discharge?
« Reply #3 on: December 09, 2015, 04:25:59 AM »
This is an excellent post so well written advuma

I wanted to know in which court we can file discharge application?
On 10th dec we have first hearing for 498a(filed by my sister in law on my brother , parents, me and my husband) in court where  the charges will be framed.
Can I do something to stop charges being framed on me?
We have some recorded evidence for the threats they had given to us like "give us money or we will file cases on you)
Can these evidences be helpful? when do we get chance to produce these evidences against the court?

Offline am

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Re: when to file for 498a Discharge?
« Reply #4 on: January 06, 2016, 11:56:16 AM »
Useful for all

Offline ipsitroy

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Re: when to file for 498a Discharge?
« Reply #5 on: January 17, 2016, 10:56:34 AM »
Hello To all,

My wife  filed a false 498A, 406 and 34 against me and my parents and one of aunt in August 2015. The very next day of filing the FIR , my parents and my aunt was released on bail. I got Anticipatory Bail which was then confirmed after three hearings.

Now, police says that they have filed chargesheet . This is January 2016 and 6 months. I haven't received any copy of chargesheet. I have copies of FIR and seizure list. I am also a govt job aspirant and have recently got appointment in one of the PSU banks. My question is :

1. What implications could my 498 can have on my job ? I was never arrested and never convicted.Can i be denied appointment?

2. Why is police taking so much time in filing chargesheet and can i file for 498 A quash or dismissal now at this stage of the case?

3. I want 498 to proceed soon ? It is being held for trial in lower court? Will i get chances for a speedy trial if I move to high court ? What will be the monetary requirement to fight this case in High court because I am not an affluent person

4. Also, I have come to gather intel that my wife is currently staying with another person who is married and has a wife and a kid? If i can get proof and present it to the court , will my case get any leverage in quashing or dismissal of 498? Will i get divorce soon  as I have also field for a divorce ?

5. Is my lawyer taking too much time to move with my case?

Please advice. I cant bear this mental trauma any more or else I will be left with no ways butt o commit suicide and end all this ./ I cant live under a false case pending against me and ruining my life . I want to get out of this soon. Please Help and advise.





 

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