Objection to discharge application
Sunil
(Querist) 21 March 2016
This query is : Resolved
Dear Sirs,
I am complainant in a police case (CC) and accused have filed for discharge under sec 239.
For reasons unknown to me, public prosecutor is not very keen to file objections and created very weak objections despite of we having material in the case.
Being a police case, PP handling the matter. What are my options. Can I file objection myself?
I wait for your valuable guidance.
Sunil
Sunil
(Querist) 22 March 2016
Dear expert Sirs,
Is there no remedy? Pls suggest.
Regards
Sunil
P. Venu
(Expert) 22 March 2016
Why you are bothered if the PP ha no objection or his objection is weak.
Adv. Yogen Kakade
(Expert) 22 March 2016
You can also file your objection being the complainant.
Sunil
(Querist) 22 March 2016
Venu sir, I filed the case and like to see that case is tried. So it will definitely bother me if PP's objection is weak that may discharge accused.
Yogen sir, will that be in addition to PP's objection? What will be the procedure.
Regards
Sunil
Rajendra K Goyal
(Expert) 22 March 2016
Engage a lawyer and file objection through him.
Sunil
(Querist) 22 March 2016
Rajendra sir, it's a police case so I can't engage lawyer. PP is representing the case. Please guide me.
Devajyoti Barman
(Expert) 22 March 2016
You have every right to bring your own advocate who can also argue independently with the permission of court.
In criminal matter though there is no rule to file written objection.
So ignore the PP and bring your own advocate.
You seem to be totally misinformed when you say that in police case you can engage your lawyer.
Sunil
(Querist) 22 March 2016
Devajyoti sir,
Can I find written objection myself if pp is not ready to file objection?
Also, it's not a private complaint, the lawyers I approached have said that the case can only be handled by PP and even if I engage them, they can only assist PP with court permission.
Regards
Sunil
Devajyoti Barman
(Expert) 22 March 2016
I have already advised and I have nothing to add except repeating the same thing once again.
