498a Discussion Forum
https://www.498a.org/forum/

Discharge application for false 498a and 313
https://www.498a.org/forum/viewtopic.php?f=41&t=14529
Page 1 of 1

Author:  aj5 [ Fri Jan 02, 2015 9:11 am ]
Post subject:  Discharge application for false 498a and 313

Suggestions required....

Can I go for discharge, as there are lot of discrepancies in FIR and Chargesheet and no strong proof for both 498a and 313. Fake evidence given, but not a single evidence creates prima facie case against us.

Author:  mansur [ Sun Jan 11, 2015 10:23 am ]
Post subject:  Re: Discharge application for false 498a and 313

tell clearly what are allegation and what is in chargesheet

Author:  aj5 [ Fri Apr 10, 2015 7:02 am ]
Post subject:  Re: Discharge application for false 498a and 313

Hi All,

Got charge sheet. CS is very poor and I am going to file discharge for the same.

Before that, the prime witness met me and he confessed in front of me that all the cases that filed on me are false and I am having an audio recording for the same. (Me and he[prime witness] are with common friend).

Now can i file a private complaint in front of JM against him, under sections IPC 182, IPC 211, IPC 191 and IPC 199

Author:  mansur [ Fri Apr 10, 2015 7:24 am ]
Post subject:  Re: Discharge application for false 498a and 313

dont file anything right now bro at cross when he comes to give his statement than show your evidence when you give proof now it will counter you that you blackmailed him to give statement as you wanted

Author:  mansur [ Fri Apr 10, 2015 7:26 am ]
Post subject:  Re: Discharge application for false 498a and 313

surely you go for discharge

Author:  aj5 [ Fri Apr 10, 2015 1:40 pm ]
Post subject:  Re: Discharge application for false 498a and 313

Hi Mansur,

But in that audio clip, i spoke very softly. And It was made in coffee shop. Still he can put allegations?

Author:  mansur [ Fri Apr 10, 2015 6:25 pm ]
Post subject:  Re: Discharge application for false 498a and 313

yes they will put allegation even they alleged many things at tin right time you have to give evidence when your lawyer do cross exam of prime witness than the truth will come out

Author:  devilal [ Fri Apr 10, 2015 9:44 pm ]
Post subject:  Re: Discharge application for false 498a and 313

For speedy settlement file a case u/s 218 IPC on the corrupt IO.

Author:  aj5 [ Mon Apr 13, 2015 7:23 am ]
Post subject:  Re: Discharge application for false 498a and 313

Hi Devilal,

Does it help?

Author:  devilal [ Mon Apr 13, 2015 2:06 pm ]
Post subject:  Re: Discharge application for false 498a and 313

It helped DTS y I suggested.
In same court u r against d IO & he is against u.
It will be between man vs man
Tum mujhe ghero aur main tumhe

U r also implicate yr smt. also at later stages not initially by using 120b IPC & 319 crpc

Let all showman's stand before same court.

Author:  aj5 [ Tue Apr 14, 2015 2:33 pm ]
Post subject:  Re: Discharge application for false 498a and 313

Hi Devilal,

Can you please elaborate more?

Author:  devilal [ Tue Apr 14, 2015 7:01 pm ]
Post subject:  Re: Discharge application for false 498a and 313

For hands on experience read "game is over".

Author:  ganeshrao [ Thu Apr 16, 2015 3:37 pm ]
Post subject:  Re: Discharge application for false 498a and 313

though CRPC provides for filing of discharge application before framing of charges, the trial courts are not at all inclined to entertain a discharge application. even if filed, no decision is given on it even after two years. and some learned magistrates say "I did not give any discharge till now"! the only purpose served by a discharge petition is delay of the trial.

i know of a case where discharge petition was filed one year back and every time the matter is adjourned without any progress. The magistrate said as above.

in another case also, discharge petition was filed one year back and no decision is made on it, either acceptance or dismissal; the accused being vexed filed for transfer of case to another court and the case is transferred. even in this court, the position is the same. the petition is pending till date without being disposed.

when accused approach HC for quash, the judges there ask why a discharge petition is not filed in trial court. but the fate of the petitions filed is as above. At least the HC should give guidelines to magistrates and judges on disposal of the discharge petitions.

Author:  devilal [ Thu Apr 16, 2015 9:11 pm ]
Post subject:  Re: Discharge application for false 498a and 313

For speedy discharge/dismissal of discharge petition:-

1. Obtain HC order under Article 226 Constitution of India. Quote Article 21 Judgments , there are many.

2. Bro ganeshrao said well points, no harm in delay trial, if you wish to do the same. Otherwise file 311 crpc (for calling your wife on date {other witnesses named in the CS}), sec 91 crpc (for records from hospital, PS etc etc), sec 205 (permanent exemption)for you mom & sec 317 crpc for your dad.
IF YOU HAVE A VERY GOD DISCHARGE CASE THEN DO APPROACH HC.

IT IS YOU WHO HAVE TO MOVE THE LAW OTHERWISE THE LAW MOVES US, IF WE SIT QUITE, IT IS PP WHO DO THE STUFF.


AS ALREADY SAID IN MANY THREADS, EACH CASE IS UNIQUE , EACH RELATIONSHIP IS UNIQUE.
Though there may be similarities in cases but are not all alike in all respects.

I MAY MOVE TO HC IN MY DISCHARGE CASE , RIGHT NOW I AM ONLY KICKING TIME BECOZ ON THE OTHER HAND LOOKING IN FAMILY COURT 13B HMA.

YOU MAY ADOPT THE RECOURSE AS YOU WISH, FIRST FILE DISCHARGE IF ITS CS CASE U/S 239 OR SEC 245 IF ITS COMPLAINT CASE.

Page 1 of 1 All times are UTC
Powered by phpBB® Forum Software © phpBB Group
http://www.phpbb.com/