Hi All
I Have a Query regarding the crpc239 discharge before framing of charges. details as below
1) Bithc Had filed SEC9 (RCR). after one month she had filed 498A.
The present status of gthe RCR is we had finishe the cross of the Bitch, and now we need to cross the Bitch's father.
2)498A filed on 6 members in Machilipatnam ( Andhra Pradesh)
3) got AB from AP high court.
4) Charge sheet filed for all 6 members.Still charges are not framed yet
5) In the charge sheet the polic ehad mentioned The Place of Incident
a) Bellary
b) Bangalore
c) Hyderabad
hence in sted of going to High Court first, can i file for Discharge on all 6 members based on the Juridsction of the events occured in the Criminal case based on the below judgment.
The Supreme Court of India (Y.Abraham Ajith and Ors. Vs. Inspector of Police, Chennai 2004), ruling on the issue of jurisdiction in a 498A case, stated that: “The crucial question is whether any part of the cause of action arose within the jurisdiction of the concerned Court. In terms of Section 177 of the Code it is the place where the offence was committed. In essence it is the cause of action for initiation of the proceedings against the accused.”
Also there was one recent Judgment from the Bangalore Highcourt on 19th December 2011 below is link the news published in Bangalore Mirror
President Pratibha Patil’s nephew Rahul G Patil has got temporary relief from the High Court, which disposed of a dowry case against him last Friday. Rahul’s wife Prachi Singh Patil had lodged a complaint against him in Bangalore alleging cruelty for dowry under Section 498(A) of the IPC.
Prachi and Rahul got married in 2007. She filed a complaint in Mumbai against her husband and in-laws before coming to stay in Bangalore with her brother. In 2009, she complained at the Byappanahalli police station that her in-laws came to Bangalore and harassed her for dowry. The Bangalore police, who visited Mumbai for investigation, returned empty handed as they could not find either Rahul or his parents.
The HC disposed of the case observing that a major portion of the alleged offence had taken place outside Karnataka — in Maharashtra and UP. However, it gave the complainant liberty to file fresh complaints in the place (Mumbai) where the offence was committed. The court also noted that the law of limitation would not be applied as Prachi had already filed the complaint here.
I request people to give in their Valuble inputs in putting this Discharge application.
Regards
Satish
SIF
Bangalore
