Legal Question in Family Law in India

For 498A case, once the charge sheet is done, can discharge( under Crpc 239) be applied in lower court immediately? or will have to wait until "framing of charges is completed "? If there is any other dependency for applying discharge, please specify the details.

Thanks !


Asked on 9/04/11, 7:02 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

one has to make out a case for discharge in the same court before framing of charge. However, if one fails and still the charge is framed and the accused feels that he has enough material to show that the charge cannot be made, then he may challenge the order of framing of charge before the court of sessions. If one has strong legal grounds, then, one may file a petition under section 482 before the High court for quashing of the FIR.

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Answered on 9/04/11, 8:31 am


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