Discharge petition for 498a for change of juridiction
victim
(Querist) 04 October 2011
This query is : Resolved
Dear sir
I have planned to file discharge petition for 498a.
I have received charge sheet still one accused not reported to the court.
1. can I submit the discharge petition in the same court before framing of charge done.
2. there are some differences are available in the FIR and the charge sheet which is meticulously prepared.
can we use the FIR mistakes for discharge sheet preparation purpose
thanks and regards
Raj Kumar Makkad
(Expert) 04 October 2011
1. There is no such law to file such petition at this stage, however, you have full right to lead argument against proposed charges on the basis of material on file submitted by police authorities by way of Final Report.
2. Yes. You have every right to take benefit of mistakes of prosecution for your benefit at this stage and even at subsequent proceeding, if any.
prabhakar singh
(Expert) 04 October 2011
1.no;
2. would be better to utilize at trial.
Shonee Kapoor
(Expert) 05 October 2011
Discharge happens on legal grounds only as quashing happens.
Benefits of all mistakes of prosecution goes to accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
victim
(Querist) 07 October 2011
My calander case 498a transferred from judlmagistrate of first class, town.... To special mobile court, in the same town.... . In this court the magistrate puts the trial date with little gap( oneor twice in the same week).
Is it possible for me to transfer the case to other normal court in the same town atleast to prolong trial date.
thanks.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 October 2011
