Revision u/s 397 cr.p.c-discharge 498a
Syed Ashfaque Ahmad
(Querist) 08 June 2015
This query is : Resolved
DV and 498a have been registered after a 20 years of the marraige of NRI. DV case have been dismissed by lower court after full dress trial including Husband and family members.Discharge application of Husband rejected by Lower Court in case of 498a because at this stage document submitted by accused cannot be refer by the court. Now Husband has submitted his discharge application u/s 397 Cr.pc in session court.Family memberes of Husband have been discharged in 498a case by Session Judge u/s 397 cr.pc (239 cr.pc rejected by lower court)on the ground of Double jeoparady (Only one incidence DV & 498a have been registered on the one & only one FIR & same facts. I would be grateful if u can provide or advise legal suitable suggesdtion for discharge arguement. I am fightining a csae in person. For ur kind information Charges have been not framed yet by lower court. I had filed writ petion under Article 226 read with Cr.p.c 482 In High Court. Hc partly allowed the petition and advised to challenge u.s 227 cr.p.c. Please suggest legal solution
SAINATH DEVALLA
(Expert) 09 June 2015
Once the charges are framed in 498A,according to me the husband being A1,will not have any respite in the sessions court,discharge u/s 397, I presume will not yield a favourable result.Instead of discharge he should have filed a writ petition, there could have been some remedy.
SAINATH DEVALLA
(Expert) 09 June 2015
Dear querist
U can ask for legal suggestions and not citations and judgments.
