Legal Question in Criminal Law in India

Commissiner said that registered 498A is false

Hi All,

My wife filed 498A on my family members in A.p for the crime in Karnataka as per complaint. Police did enquiry in A.P fo rthe crime happened in Karnataka. I made a complainat to police commissioner in A.p saying police did not come to bangalore to investigate and did not do properinvestigation also asked to to collect documentary evidences which proove that my family members not with me in Karnataka. Later I got letter from commissioner saying that the evidences prove that registered case on my family is false and advised to apply for discharge in court. It is the right procedure or what else I can do with that letter from commissioenr.


Asked on 7/10/09, 1:56 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Commissiner said that registered 498A is false

You may follow the advice.

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Answered on 7/10/09, 3:31 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Commissiner said that registered 498A is false

Discharge can be applied after filing of Charge sheet in the court and court having taking congnisance and issued process.

During the course of investigation, an application for discharge is not maintainable.

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Answered on 7/11/09, 12:46 am
Pranav Desai PD Legal & Associates

Re: Commissiner said that registered 498A is false

Yes, but only after chargesheet is filed.

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Answered on 7/11/09, 1:40 am


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