https://mensrights123.blogspot.in/2012/02/what-after-498a-chargesheet-is-filed.html
What after 498a Chargesheet is filed
What after chargesheet (final report) by police ?
Chargesheet is filed u/s.238 Cr.P.C.
Immediately accused have an opportunity to challenge the chargesheet in
from of submitting 'Discharge Application' u/s.239 Cr.P.C.
This opportunity if lost, has no side effect whatsoever.
However 'Revision' lies at Session Court u/s.397 Cr.P.C.
Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for
'quesh' u/s. 482 Cr.P.C.
Even if apeal is lost, remedy lies with Supreme Court under Article 32 of
Constitution. Even if all these opportunities are lost, there is absolutely
no side effect whatsoever of these remedies.
But it MUST BE REMEMBERED AND KEPT IN MIND that 'Discharge Application' has very limited area to play. You have to prepare your 'Discharge Application'
on the basis of :-
1] Only all the documents accused received with chargesheet ; and
2] Any document which police have in their possession [may be submitted by
accused at the time of bail application at court or made some application
to police attaching some documents] but not submitted with chargesheet to
make case of accused weak and case of complainant/prosecution strong.
Accused simply cannot rely upon any other document or evidence for
'Discharge Application'. Then when other evidence will help ? Answer is in
'trial'.
As soon as Chargesheet is filed and accused decide to file 'Discharge
Application' then he has to follow the following steps :
1] Make application as advised above. You have to state 'Grounds' for
discharge and show that no 'prima facie' case is made out.
2] This application need not be submitted on the date given for 498A case.
It can be submitted on any day. Some courts have their own methods for
handling it. In some court, a 'MISC' (miscellaneous) case number is given
and heard separately with separate set of hearing dates. In some court, it
is heard under the same number of chargesheet case (Criminal Case : C.C.
No.). But under any method, the main 498A case is stopped till 'Discharge
Application' is not disposed off.
3] One copy of 'Discharge Application' is given to PP in court at the time
of filing original application for discharge in court. Court writes order
on discharge application - 'PP to say'.
4] Now PP has to submit his say and he makes all drama of not submitting.
Here accused can submit 'Pursis' to court on each and every date about 'PP'
not submitting his/her say. Accused can make application to court that 'PP'
has nothing to say and therefore not submitting his/her say and therefore,
proceeding may please be continued without his/her say. Accused should not
care for outcome of these exercise, but continuous pressure should be built
on PP to give his/her say. Please note, without his/her say, matter will
not move at all and therefore it is very essential to build a continuous
pressure which normally advocates don't do.
5] After PP's say, accused has to make arguments. Accused can submit
'written argument' (with a copy to PP) and also make oral submission, both.
6] Then PP has to make his/her argument. Again he may ask for adjournments
for his/her argument and accused has to repeat pressure building tactics.
Unless PP makes argument, matter will not proceed further. But 498A will
remain in abeyance (on hold).
7] Then proceeding is completed. Magistrate gives order on discharge
application - either acquittal OR dismissal of application.
8] Hereafter accused may choose either to go to 'Revision' or forget going
ahead. Then charges are framed u/s.240 Cr.P.C. which accused shall contest
fighting that how charges are not applicable. But no advocate fight for
this. So in this manner accused get 2 opportunities. But due to this, trial
is delayed.
9] In my opinion, trial is the BEST way if accused have no good evidence in
charge-sheet or with police which is held back by them.
Chargesheet is filed u/s.238 Cr.P.C.
Immediately accused have an opportunity to challenge the chargesheet in
from of submitting 'Discharge Application' u/s.239 Cr.P.C.
This opportunity if lost, has no side effect whatsoever.
However 'Revision' lies at Session Court u/s.397 Cr.P.C.
Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for
'quesh' u/s. 482 Cr.P.C.
Even if apeal is lost, remedy lies with Supreme Court under Article 32 of
Constitution. Even if all these opportunities are lost, there is absolutely
no side effect whatsoever of these remedies.
But it MUST BE REMEMBERED AND KEPT IN MIND that 'Discharge Application' has very limited area to play. You have to prepare your 'Discharge Application'
on the basis of :-
1] Only all the documents accused received with chargesheet ; and
2] Any document which police have in their possession [may be submitted by
accused at the time of bail application at court or made some application
to police attaching some documents] but not submitted with chargesheet to
make case of accused weak and case of complainant/prosecution strong.
Accused simply cannot rely upon any other document or evidence for
'Discharge Application'. Then when other evidence will help ? Answer is in
'trial'.
As soon as Chargesheet is filed and accused decide to file 'Discharge
Application' then he has to follow the following steps :
1] Make application as advised above. You have to state 'Grounds' for
discharge and show that no 'prima facie' case is made out.
2] This application need not be submitted on the date given for 498A case.
It can be submitted on any day. Some courts have their own methods for
handling it. In some court, a 'MISC' (miscellaneous) case number is given
and heard separately with separate set of hearing dates. In some court, it
is heard under the same number of chargesheet case (Criminal Case : C.C.
No.). But under any method, the main 498A case is stopped till 'Discharge
Application' is not disposed off.
3] One copy of 'Discharge Application' is given to PP in court at the time
of filing original application for discharge in court. Court writes order
on discharge application - 'PP to say'.
4] Now PP has to submit his say and he makes all drama of not submitting.
Here accused can submit 'Pursis' to court on each and every date about 'PP'
not submitting his/her say. Accused can make application to court that 'PP'
has nothing to say and therefore not submitting his/her say and therefore,
proceeding may please be continued without his/her say. Accused should not
care for outcome of these exercise, but continuous pressure should be built
on PP to give his/her say. Please note, without his/her say, matter will
not move at all and therefore it is very essential to build a continuous
pressure which normally advocates don't do.
5] After PP's say, accused has to make arguments. Accused can submit
'written argument' (with a copy to PP) and also make oral submission, both.
6] Then PP has to make his/her argument. Again he may ask for adjournments
for his/her argument and accused has to repeat pressure building tactics.
Unless PP makes argument, matter will not proceed further. But 498A will
remain in abeyance (on hold).
7] Then proceeding is completed. Magistrate gives order on discharge
application - either acquittal OR dismissal of application.
8] Hereafter accused may choose either to go to 'Revision' or forget going
ahead. Then charges are framed u/s.240 Cr.P.C. which accused shall contest
fighting that how charges are not applicable. But no advocate fight for
this. So in this manner accused get 2 opportunities. But due to this, trial
is delayed.
9] In my opinion, trial is the BEST way if accused have no good evidence in
charge-sheet or with police which is held back by them.
If 'Informant' has no proof for any allegation, then mere denial by accused
to accusations, gives acquittal due to 'benefit of doubt'.
Courtesy: saveindiafamily
