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chanakyam (Consultant)     14 October 2010

Discharge of 498a under crpc 239..?

Hello All,

My 498a proceedings are going in lower(Metropolitan Megistrate) court.  in this month ending, examination of accused is there(starting stage of trial). 

Can I file Discharge petition under section 239 crpc at the stage of examination?

Can I file Even during the stage of trial also?

If the discharge petition allowed, then the proceedings of 498a will stopped until this discharge petition disposed off?

Please provide your inputs

 

Thanks in advance.



Learning

 1 Replies

Siv (engineer)     14 October 2010

Hi,

 

Once trial starts you can not file discharge petition .... but you can approach High Court with quash petition.

Once trial starts then court has to come to a logical conclusion and till then High Court can not interfear in the trail court matter.


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