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Basha,Mohammed (Senior)     20 June 2010

498 and Discharge

Hi,

Can any experienced lawyer in this forum help me in my case? 

My brother is A-1, I am A-4 in 498a case, and the case is filed against entire family, can a discharge petition be filed against me and my sisterA-5, as I heard that trials should be made on fater and mother of A-1,  A-5 and we can't file a discharge petiotion, trails has not been started in the court yet.

My sister stays abroad, should we require to take a bail against her to file discharge petition?

can discharge me claimed in low court or it should only be in high court?

Please help me in this regards, if u need more details please let me know I can provide.

Regards,

Munah



Learning

 10 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 June 2010

BETTER CONSULT ONE ADVOCATE OF HIGH COURT, YOUR PROBLEM IS VERY SIMPLE IN QUASH/DISCHARGE UNDER Cr.P.C 482 AT H.C. 

Basha,Mohammed (Senior)     20 June 2010

Thank you sir,

We have already consulted Lawyer and he is handling the case,, the problem is we are not receiving any update on the same how to proceed and what is happening.

sometimes he says that we can apply for squash and some times if we ask for discharge he replies we will discharge but no further action I see on this.

Not able to understand what consequences will it leads to in future.

Regards,

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 June 2010

PRESS HIM TO GET ANY RELIEF BEFORE TRAIL START AT LOWER COURT

Unbiased Advice (Advocate)     20 June 2010

Be Care full Before Appointing Advocates form this Forum ,  My Experience tells me A dog That Barks do not bite, Thus People who Post Good Replies need not be good in the Court Hall < thus Test their Credentials and Appoint>. I know Few Who don`t do Job because they are weak at Drafting, I know Few who are Complacent, I know Few Who Speaks more do less.

 

All the Best.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 July 2010

Dear Author,

If u r not satisfied with ur lawyer then better to change ur lawyer.

Arup (UNEMPLOYED)     14 July 2010

My sister stays abroad, should we require to take a bail against her ...-----   IT IS BETTER, HAVING BAIL.

 

IF YOU GO ON NORMAL WAY, - IT WILL TAKE TIME, BUT YOU MUST CAME TO KNOW WHAT IS GOING ON AT TRIAL COURT.

 

SO FAR I UNDERSTOOD FROM YOUR DESCRIPTION YUOR LAWYER NOT GIVING YOU INFORMATION. ALWAYS ATTEND THE COURT.

 

MS RAKHI CORRECT. IF YOU ARE NOT SATISFIED CHANGE THE ADVOCATE.

ANOTHER WAY YOU MAY GET INFORMATION; SEARCH THE FILE WITH THE HELP OF ANOTHER ADVOCATE ; EVEN WITHOUT THE KNOWLEDGE OF FIRST ADVOCATE; YOU WILL GET EVERY INFORMATION ABOUT THE PROCEEDINGS.

Arup (UNEMPLOYED)     14 July 2010

MR REDDY,

ACTUALL  PROCEEDINGS NOT YET STARTED  THEN IS IT ACCEPTABLE TO HC U/S 482 CRPC?

Arup (UNEMPLOYED)     14 July 2010

MR BHASA 

HAVE YOU RECD CHARGESHEET. IF THE STATE NOT GIVEN WITHIN 6 MONTHS - THAT WILL BE A CAUSE OF RELEASE OF THE ACCUSED. HOWEVER GET IT CHECKED FROM A LAWYER - NOT MUCH SURE OF IT.

Arup (UNEMPLOYED)     14 July 2010

ADVOCATE MR UNBIASED ADVICE,

WHERE IS YOUR LEGAL ADVICE?

ONLY POISON?

WHAT IS THE USE OF IT?

Munirathnam (Scientist)     15 July 2010

Hi Basha,

 

Discharge is possible for any accused from A1 to A5. Only requirements is that ingradients of the dichage application.

The police enquiry documents submitted to court under section 173 CrPC do not disclose offence by the accused A1 to A5 and the police charged sections are not attracting for the allegations then discharge is possible for any body in the case.

Noramlly police wont collect evidence in support of the accused. I request you file application under section 91 CrPC then make sure that evidencs in support of you are on the court file.

Later file discharge in the court saying the in support of the allegations no evidence is present and also in opposition to the allegation evidences is present.

Explain allegation wise clearly so that court has to make findings on those allegations and evidences.

 


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