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MOHAMED RAFI (Secretary)     14 November 2011

Application for discharge of criminal case

A false defemation case was filed against me in Kerala by a lady after I lodged a complaint against her husband here in Bangalore under 138 NI Act.

After I lodged a case against her husband this lady started fositing false and frivelous complaint here in Bangalore and in one such case the HonHigh court granted a stay.

Now again she has gone to kerala and filed a defemation case which is clearly to harass me.

Can I make an application before the Magistrate court for discharge of the case before appearing before it?

Or I have to appear before the court seek bail ?

Please help me with your valuable advise.

Thanks



Learning

 7 Replies

Arvind Singh Chauhan (advocate)     14 November 2011

At first you have to appear before court and have to seek bail, then the the question of discharge arises. Generally in defamation cases stage of charge or discharge comes after the evidence under Sec 244 Cr.P.C.

You can approach to high court directly also to quash the proceeding  under Sec 482 Cr.P.C.

Rajeev Kumar (Lawyer/Advocate)     14 November 2011

First appear before the court seeking your bail then the matter of discharge arises. Generally in defamation cases stage of charge or discharge comes after evidence and you may move the petition of discharge u/s 245 of cr.pc. You can directly approach the highcourt for quashing of proceeding u/s 482 of cr.pc and highcourt has the inherent power

Radha Vakil (Legal Assist)     16 November 2011

yes

defamation case usually do not suceed:

u can also start similar harassment to her to teach her a lession, may be also thru ur friend at ur residental area. 

u can get discharghe 

MOHAMED RAFI (Secretary)     16 November 2011

Sincere Thanks to all.


 

Sandeep Naik (Advocate)     19 November 2011

No there no guarantee that particular case will succeed or fail in the court. It all depends upon the facts and the proper sections and the evidence before the court and ofcours the skill of the advocate and patience of the client. 

Ty ur best and u will succeed. May god Bless You

 

Mr. Sandeep Naik (Advocate)

Mob: 99 67056980

Email: sandystorm_1995@rediffmail.com

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     08 January 2012

did u filer disharge applicatin;

IT SHD BE ALLOWED. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 January 2012

Once a process is issued discharge is not easy and simple, you have to face trial.

NI 138 complainants should not be over confident since there are number of  legal ways of counter action.


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