498a charges

Querist : Anonymous (Querist) 12 June 2011 This query is : Resolved
is 498a charges framed by police or by court of law. Does court apply his mind while considering police report. Does it look for evidence at this stage or it go by police report only.

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Guest (Expert) 12 June 2011
it is necessary for the court to see the police report first and if at the time of the charge it is proved that the accused persons does not have any role than he can discharge the accused persons

Guest (Expert) 12 June 2011
the prima facie evidence has been produced in the form of document by the police under section 173 of Cr.P.C. The court while taking cognizance appraise the evidence and delete the section in the charge sheet. Also upon appearance of accused, and upon hearing the prosecution and defence the charge will be framed. If the court satisfied that evidence is required the court can ask the prosecution to produce the witness at this stage before framing of charge.

Arvind Singh Chauhan (Expert) 13 June 2011
above openions are right, but practically courts do not apply it's mind and take cognizance blindly.

Raj Kumar Makkad (Expert) 13 June 2011
I do agree with Ganesan but oppose the opinion of Arvind. It is generally seen that lawyers do no care to argue at the time of framing of charge. If lawyer go seriously in the case file at this time, there may appear various points which can be brought in the knowledge of court so that it may apply its mind at this stage and appropriate order may be given at this stage. It is not good to abuse courts on this issue.

Arvind Singh Chauhan (Expert) 13 June 2011
I do realize view of Raj Sir, but why courts are so blind that if a lawyer does not cry, court keeps mum and not apply his mind while taking cognizance.

The same practice is seen at the time of judicial remand.

There are few numbers of judicial officers who steps properly in this regard.

Querist : Anonymous (Querist) 14 June 2011
so Raj sir, I shd file my counter at time of framing of charges, showcasing great error made by wife, in my case, I am accuseof asking for dowry at wife house when I was not even in that state for that days.

PALNITKAR V.V. (Expert) 14 June 2011
There is no question of filing of counter. Your advocate should put an application mentioning that there is no prima facie case and you should be discharged. Application need not be in detail. The matter can be argued on merits of charge on the basis of investigation papers.

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