when to file 239
Rahul Mendiratta
(Querist) 31 October 2013
This query is : Resolved
Dear Experts,
I and my family have been falsely implicated in false 498a case.
All of us have got bail and charge sheet having names of all members has been submitted.
Please let me know when I can go ahead with filing 239 application for discharge.
Also what should be my starategy for the same.
What are the prerequisites for discharge.
Thanks
ajay sethi
(Expert) 31 October 2013
without going through allegations made in charge sheet we cant advise you whether you should file for discharge or not
Rajendra K Goyal
(Expert) 31 October 2013
Contact local criminal lawyer and show him all the documents.
Rahul Mendiratta
(Querist) 31 October 2013
Charge sheet has mainly my statement, hers and her father's statement, mediation report and few letters sent to me.
It does not have any medical report. No specific allegation.
ABDUL RAZIQUE
(Expert) 31 October 2013
consult local lawyer with all relative documents.
R.K Nanda
(Expert) 31 October 2013
nothing to add more.
Rahul Mendiratta
(Querist) 05 November 2013
My local lawyer is not giving proper answer and asking me to wait.
I want to know what are the implications as per procedure.
Is there any time limits to file discharge application after CS is submitted.
Thanks
Rajendra K Goyal
(Expert) 05 November 2013
You have to defend the charges. If the advocate is not cooperating have the opinion of another advocate.
Fruitful opinion can be given after going through the case file.
Rahul Mendiratta
(Querist) 06 November 2013
Dear Rakendra Sir,
I understand that it might be required to have details about the case howver it might not be possible on this forum.
1. I and my family of 4 have been falsely accused in false 498a/506/504 & 3/4 DP case in U.P.
2. All of us have got regular bail from lower court.
3. Charge sheet having names of all members has been submitted before 1 month.
4. Charge sheet has my statement, hers and her father's statement, mediation report.
5. It does not have any medical report. No specific allegation.
Please let me know if you'd like to know any other details to suggest me on my queries.
ABDUL RAZIQUE
(Expert) 06 November 2013
for better advice you may add a copy of plaint,
as per your declaration whereas there is no any proof of injury and report is mediation that means you have chance to lead in this case.
