Filing for discharge in 498a

Querist : Anonymous (Querist) 29 November 2011 This query is : Resolved
In my case chargesheet was filed by the IO shortly before end of 3 year limitation.the charges are still to be framed.The IO of the case has not included the evidences given by me in the chargesheet.when could i file for discharge?or should i wait til the charges are framed? one year has already passed since the filing of charge sheet.please advice.

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I.S.Roy,Advocate (Expert) 29 November 2011
Dear
Only after questioning

with regards
I.S.Roy,Advocate

Shonee Kapoor (Expert) 29 November 2011
The documents which you submitted need not necessarily form part of chargesheet.

Discharge is filed on legal grounds, sit with your trusted cousel and see if grounds are made out.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate Rajkumarlaxman (Expert) 30 November 2011
if charge sheet is filed and expert opinion says that you can move for then move to court. you have to see the charge sheet for above said purpose. but discharge can be filed after charge sheet has been filed. so move an application for discharge

Devajyoti Barman (Expert) 30 November 2011
If the charge sheet is submitted then you have to file for discharge anytime before framing of charge.
Once charge is framed you would not be left with this option.

Rajeev Kumar (Expert) 30 November 2011
Agree with experts so file the petition for discharge u/s 239 of cr.pc

M/s. Y-not legal services (Expert) 01 December 2011
yes my advise also the same., you need not to wait framing the charges..

Shailesh Kumar Shah (Expert) 03 December 2011
Agree with common opinions of All experts.

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 December 2011
Discharge is not that easy and if you have conviction face the trial and demolish the prosecution evidence which is more easy.

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