Discharge or quash of 498a & dowery case
Sundram N
(Querist) 06 July 2013
This query is : Resolved
Dear Sir(s),
Kindly share your expert veiw on below cited queries after going through the fact of the case.
FIR : wife lodged FIR through 156 from court making false allegations under section 307, 498a & dowery and others.
IO of the case investigated the case and found that case is not for 307 and deleted from the final cahrgesheet. Charge sheet given taking stand of 498a and others on the verbal satement of wife and her witness.
i have all the appropriate evidence to make false all the alegation of 498a and others.
queries :
1 can i file descharge petition before the megesterial court before issuing summon to me.
2. my Anticipatory bail is in pending before session court and final chargesheet is filed by IO. in this case, if i file descharge petition then bail is required to take?
kindly suggest.
Raj Kumar Makkad
(Expert) 06 July 2013
1. No.
2. You are required to get bail first.
ajay sethi
(Expert) 06 July 2013
ho can you file for discharge when summons not yet served upon you .
Rajendra K Goyal
(Expert) 06 July 2013
You can not file discharge petition before the magisterial court before issuing summon to You.
2. Discharge petition can not be filed by you at this stage, you should take bail.
Devajyoti Barman
(Expert) 06 July 2013
You have to first apply for bail.
Unless you get bail first, you can not apply for discharge.
Since charge sheet is submitted, you have to then appear for framing of charge.
Once that is done then and then only you can apply for discharge.
Nadeem Qureshi
(Expert) 06 July 2013
Dear Querist
this is not a complaint case now, it is state case now because in which the police investigate the matter and filed chargesheet so without Regular bail you can not file discharge application before reciving summon from the court. if you have sufficient proof against the allegation then file a quashing petition before high court.
feel Free to Call
V R SHROFF
(Expert) 06 July 2013
Get Bail, & Defend the charges.
498 usually cannot be discharges(Woman Oriented Laws) , though almost all 498 are false cases, results in aquittal. It is open secret.
98% of 498 acquitted
98% discharge appli against 498 rejected.
Choice is yours.
